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Naperville child support lawyer

Child support is often established if two individuals who share a child end their relationship before getting married or get a divorce. Child support is a recurring financial payment from one parent to the other designed to benefit the child. It could be made from a higher-earning spouse or the one who maintains a lesser share of the allocation of parental responsibilities (child custody).

While many child support arrangements are set up without substantial difficulty, they are sometimes among the most contentious elements of divorce and family law cases.

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Wheaton family law attorneys

When a divorce occurs, one spouse often provides child support to their ex-spouse until their children become emancipated. Usually, this happens when the children turn 18. But what if the children become emancipated before they come of age? When is a minor considered emancipated, and how does this impact child support? The subject of minor emancipation and child support has a long and complicated history in Illinois state law. The topic of de facto emancipation has been hotly contested in Illinois state law, but thankfully, several court rulings have provided clarity on determining when a child, whether they are a minor or not, has been emancipated and its relationship to child support.

The 1980 Emancipation Act

The court rulings on child emancipation in Illinois go back over the last century. There were many different rulings which brought confusion and inconsistency to how the law was enforced. In an attempt to bring clarity to the debate, Illinois passed the Emancipation of Minors Act (750 ILCS 30/1 et seq.), and under this law, there are two types of emancipation:

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child support payments, child support laws, DuPage County family law attorney, Illinois divorce, child support lawyerParents are legally obligated to provide financial support for their children, whether they are married, unmarried, separated, or divorced. When parents do not live together, the non-custodial parent will typically pay child support to the custodial parent. However, determining the amount of support and the method of making payments can be a complicated matter. Consider the following tips on managing the ongoing payments that will ensure that your children have the financial support they need: 

  1. Understand the current child support laws - The method for calculating child support in Illinois changed in July 2017, and the amount of payments are now based on both parents’ incomes and the amount of parenting time they have with their children. When determining child support, be sure you understand the methods of calculating your support obligation. If you currently pay or receive child support, and the amount of support would change under the new law, you may be able to modify your child support order. However, the new law by itself is not a reason to make a modification; you must demonstrate that there has been a significant change in circumstances since the original order was made.

  1. Make payments on time - It is important to pay child support as ordered, ensuring that payments are made in full when they are due. Failure to do so can result in serious consequences, including wage garnishment, loss of one’s driver’s license, and even jail time. The Illinois Department of Healthcare and Family Services provides free child support enforcement services, allowing a parent to collect child support they are owed through a variety of methods, including sending an Income Withholding Notice to the non-custodial parent’s employer. 

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shared physical care, Illinois child support law, child support payments, Wheaton child support lawyer, divorcing coupleIllinois law recently underwent a drastic change that redefined the guidelines for determining child support following divorce. After July 1, 2017, child support payments are no longer based on the paying parent’s income; instead, both parents’ incomes are taken into consideration, providing a method that more accurately represents the way parents provide for their children.

Child Support and Shared Physical Care

While the calculation of child support under the new law is relatively straightforward, it can become complicated in cases of Shared Physical Care, in which parenting time is split between parents in an equal or near to equal fashion. This occurs when children stay overnight with both parents at least 146 days every year, which makes 40 percent of the time or more.

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