Wheaton Child Support Lawyer

Understanding Child Support In Illinois

Child support is a crucial issue in many family law cases in Illinois. This support consists of court-ordered payments made by one parent to another to provide for the financial needs of their child. The amount of child support is determined based on the income and expenses of both parents, as well as the needs of the child. Child support can be a very contentious issue in divorce and child custody cases, since it will affect the financial situation of both parents. Therefore, understanding the laws and regulations surrounding child support in Illinois is critical for parents who need to address legal issues related to their children.

At Fawell & Fawell, our highly knowledgeable lawyer knows how important the issue of child support is for parents who are going through a divorce or addressing child custody issues. With the child's best interests in mind, our dedicated family law attorney will guide you through the legal process in a compassionate and forthright manner. We will ensure that all factors are considered correctly and that the decisions made will provide for your ongoing financial success.

Frequently Asked Questions About Child Support

There are a variety of questions that parents may have as they address issues related to child support, including:

What Does Child Support Cover?

Child support is meant to cover the basic needs of a child, including food, shelter, clothing, medical expenses, and educational needs. The primary aim of child support is to ensure that children's financial needs will be met when their parents are divorced or living apart. While basic child support obligations may cover children's daily needs, parents may also be required to divide other types of expenses, including providing healthcare insurance coverage, paying the costs of daycare or childcare while parents are working, and addressing costs related to extracurricular activities.

How Is the Amount of Child Support Determined in Illinois?

In Illinois, the amount of child support is calculated using the "Income Shares Model," which considers both parents' incomes, the number of children, and the parenting time arrangements. The child support payment amount is calculated to ensure that the child receives financial support comparable to the amount the parents would most likely have spent on child-related costs if they remained married or continued living together. Child support obligations will be allocated between parents according to their respective amounts of income, and in some cases, the amount of parenting time that each parent will have with children may also be a factor in the calculations.

Who Is Responsible for Paying Child Support?

After a divorce, the parent with less parenting time is typically ordered to pay child support to the parent who children will live with the majority of the time. If the custodial parent has a higher income than the noncustodial parent, the court may still order the noncustodial parent to pay child support based on the Income Shares Model. Ultimately, the court system will determine an appropriate child support amount on a case-by-case basis and provide instructions on how these payments will be made.

It is important to note that child support payments must be made on time and in full for as long as child support orders remain in place. There can be very serious consequences for failing to make payments. The State of Illinois has enforcement measures to ensure prompt child support payment, including wage garnishment, property liens, the suspension of a person's driver's license, and, in severe circumstances, possible jail time.

Can Child Support Payments Be Modified?

Yes. However, the process for modifying child support payments can be complex and depend on the circumstances involved in a particular case. Generally, a modification may be requested if there has been a substantial change in circumstances since the original order was issued, like a dramatic decrease in income for the parent who pays child support or a change in the child's needs. A formal petition must be filed with the court to modify child support, and the evidence must be provided to support the requested modification. It is important to note that child support will not be retroactively modified, and any modification will only affect payments after the date the modification was requested.

Contact a Wheaton Child Support Attorney

Child support is a very serious topic that will directly impact the life and well-being of the child and the parents. As a result, you will want to obtain legal counsel to ensure your child's needs will be addressed correctly. At Fawell & Fawell, our esteemed family law attorney stands ready to advocate for your rights and your child's best interests. We proudly serve Wheaton and DuPage County. Contact us at 630-871-2400 for a free consultation.