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Reeder & Brown, P.C.

Will County Child Support Lawyers

Will County Child Support Lawyer

Divorce Attorneys Serving Joliet and Plainfield Explain Illinois Child Support

While most aspects of your divorce settlement are negotiable between you and your spouse, the amount and duration of child support are not. Child support is court-ordered based on statutory guidelines.

At the law offices of Reeder & Brown, P.C., we understand that it can be frustrating to have so little control over the amount of child support that you will pay or receive. However, there are a variety of arguments we can make to the court to influence some aspects of a child support order, such as the amount you have to contribute toward extraordinary expenses. We will make every effort to seek solutions that meet your needs and the needs of your children.

The attorneys of Reeder & Brown have over 30 years of combined experience in family law. We are well prepared to assist you with all issues related to child support including establishment of paternity, post-divorce modifications, and enforcement.

Illinois Laws on Child Support

The attorneys of Reeder & Brown will be on constant guard for your rights and interests in all child support proceedings.

Amount of child support to be paid: The court will determine the amount of child support that one parent must pay the other based on guidelines defined in Illinois law (750 ILCS 5/505) and further detailed by the Illinois Department of Healthcare and Family Services. In most cases, your support obligation will be automatically withheld from your paycheck, but other options are available. Further, unless you meet the criteria for shared parenting time, wherein you have primary care of the children for at least 40 percent of the year (146 overnights), the amount of child support is not adjusted for the amount of time your children spend with you.

Modification of support: You may ask the court to modify your child support order if you, your co-parent, or a child has a substantial change in circumstances, such as a significant change in income or major medical expenses.

Termination of child support: A court order for child support should specify a termination date. Parents will typically owe support until a child turns 18 or graduates from high school, whichever comes later. Child support may be terminated prior to age 18 if a child voluntarily becomes emancipated by joining the military, getting married, or otherwise moving out and becoming self-supporting.

Child support after age 18: The court also has the authority to order either or both parents to pay for specific post-secondary education expenses and for the support of a child who becomes physically or mentally disabled prior to age 18.

How Illinois Calculates Child Support

Basic support obligation. Illinois adopted the income shares method of calculating child support in July 2017. This formula uses the combined net income of both parents to determine the dollar amount that a typical family with that income and that number of children would spend to meet the basic needs of the children. This dollar amount is called the basic support obligation. Basic needs include food, clothing, housing, transportation, personal and beauty care items, entertainment, ordinary out-of-pocket medical expenses, and ordinary school and extracurricular activity expenses for the children.

Income shares calculation. The basic support obligation is prorated between the parents based on their respective net incomes. For example, parents with a combined net income of $10,000 per month and two children will have a basic support obligation of $2,173. If the mother contributes 25% of the income and has the majority of parenting time, she is assumed to spend $543 (25% of $2,173) of her own income on the children. The father who contributes 75 percent of the income will pay the mother $1,630 (75% of $2,173) in child support each month.

Extraordinary expenses. The basic support obligation does not cover extraordinary child-related expenses, such as health insurance premiums, daycare or after-school care, private school tuition, extraordinary medical costs, and extraordinary extracurricular activity expenses. These expenses are also typically allocated to each parent based on their share of combined net income, although the court has more discretion here. If you and your co-parent strongly disagree on the need for your children to have certain extras, the attorneys of Reeder & Brown will help you negotiate compromises.

Joliet Child Support Lawyers

The attorneys of Reeder & Brown, P.C. provide divorce, family law, and criminal defense services to clients throughout Will County, including the communities of Bolingbrook, Crest Hill, Joliet, Lockport, Plainfield, and Shorewood. Contact us in our Joliet office at 815-885-5980 for a free consultation.

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