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Anderson and Associates, P.C.

Free Initial Consultation

630-653-9400

Wheaton Child Support Lawyer

DuPage County Law Firm For Child Expense Issues During and After Divorce

Naperville Child Support Divorce Attorney

A family will experience major changes to their lives during divorce, and the children of divorcing spouses can be especially affected. In order to ensure that their well-being is protected, financial support for minor children is one of the key issues decided during the divorce process. Typically, child support is paid by a non-custodial parent to a custodial parent, providing the custodial parent with the financial means to provide for their children's basic necessities, including food, clothing, and education. A non-custodial parent may also be required to pay a certain portion of their children's healthcare and child care expenses.

Updates to Illinois Child Support Law in 2017

In July of 2017, a new law took effect in Illinois that drastically changed the methods for calculating child support payments. Prior to this change, the amount of child support was calculated using a fixed percentage of the nonresidential parent's income. Under the updated law, courts will use both parents' combined net income to determine the amount of a child's basic support obligation, and this amount will be divided between the parents based on their individual percentage shares of the combined income. If children stay overnight for at least 146 days per year with each parent, the court will perform additional calculations to determine the parents' support obligation based on the percentage of time that each parent has with their children.

Modifying Child Support Orders

While the amount of child support payments calculated using the new guidelines may differ from those in a parent's existing child support order, this change to the law is not a sufficient reason in itself to modify an existing order. If a parent wishes to modify or terminate their child support payment, they must demonstrate that they have experienced a significant change in circumstances, such as an increase or decrease in income, an injury or disability that has affected their ability to work, or a change to their child's medical or educational needs.

Enforcing Child Support Orders

Once a child support order has been entered into court records, a parent is obligated to make the child support payments specified in that order on time and in full. Failure to do so can result in major consequences, including garnishment of wages, liens on property, revocation of a driver's license or passport, fines, and even imprisonment. Courts take the non-payment of child support very seriously, so any recipients who are not receiving child support payments or payors who are unable to make payments should secure the services of an attorney and address the matter in court as soon as possible.

Child Support and Unmarried Parents

Parents have a duty to care for their children regardless of whether they were ever married. This means that unmarried parents who are separating or couples who were never married but have children together will also need to follow the state of Illinois' guidelines to determine the amount of child support needed to provide for the best interests of their children. Parents should work with an attorney to understand their paternity/parentage rights and how these rights affect not only child support obligations, but also the allocation of parental responsibility and parenting time.

Providing For Children's Best Interests

At Anderson and Associates, P.C., our skilled attorneys have over 30 years of experience in a wide variety of divorce and family law cases, and we can help you resolve any child support issues that you face during or after your divorce. If you are not receiving child support payments from your ex-spouse, we can help you enforce the terms of your divorce decree. If you are a non-custodial parent who is having trouble making child support payments, we can work with you to determine your options for modifying the terms of your child support order.

No matter the situation, our compassionate family law attorneys understand that the purpose of child support is to provide for the benefit of the children of divorcing spouses, and our top priority is to protect these children's best interests. If you need legal assistance with any child support issues, contact a Wheaton divorce lawyer at 630-653-9400 for a free consultation. We serve clients in Glen Ellyn, Naperville, Warrenville, Winfield, West Chicago, Glendale Heights and throughout DuPage County.

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