Child Support

In most divorce proceedings, both parents care deeply for the children and want to make decisions that are in the kids’ best interests. At the same time, however, there is always a fear that the other parent will extort this emotion and force you to pay more for the children than is fair.

It is always best for the children if both parents contribute equitably. At Buffalo Grove Law Offices, our Arlington Heights child support lawyer protects the interests of parents, working for child support agreements that are fair to both parents and in the best interests of the children.

How The Court Determines Support Amounts

The court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable and necessary for his or her support, without regard to marital misconduct. The duty of support owed to a child includes the obligation to provide for the reasonable and necessary physical, mental and emotional health needs of the child. For purposes of determining child support here, the term “child” shall include any child under age 18 and any child under age 19 who is still attending high school.

There are guidelines set forth by the state of Illinois when it comes to paying child support. In general, the court will order a certain percentage of the supporting party’s net income that should go toward payments. However, the court may deviate from these percentages in an effort to reflect the best interests of the child. We can help protect your interests when it comes to support determinations while always keeping the well-being of your child in mind.

CHILD SUPPORT BELOW THE GUIDELINES

The judgment ordered a downward deviation of child support from $1,433 per month to $1,000 in In re Marriage of Berberet, 2012 Il App (4th) 110749. The court found that, if guideline support were applied, the mother’s net income would exceed the father’s by nearly $4,000. She would have a net monthly income of $7,035, and he would have a net monthly income of $3,046. The trial court found that the father would experience extreme financial constraint if he were required to pay the guidelines and that his ability to participate in social, curricular, extracurricular or any recreational activities with the children would be severely affected, which was not in the best interest of the children. The appellate court upheld the deviation ruling that the trial court followed all of the appropriate statutory guidelines for deviating downward.

Please visit the Spousal Maintenance page of this website to read the article, “The Office of Child Support Enforcement does not collect spousal support unless a child support obligation is also being processed.”

Please visit the Family Law Articles page of this website to read the article, “Dead Beat Dad Enters a General Appearance.”

Please visit the Family Law Articles page of this website to read the article, “The Enforcement of Child Support Provisions in Foreign Divorce Decrees.”

Please visit the Family Law Articles page of this website to read the article, “Sperm Donor Can Keep it in His Pocket.”

Contact A Buffalo Grove Support Modification Lawyer

If you are initially setting up a support agreement, or if you feel a modification to an existing agreement is in order, speak with our attorney. Contact us online or call 847-222-9429 to schedule an appointment to discuss your situation.

COURTS HAVE NO DISCRETION TO DEPART FROM SECTION 505(a)(3)’s DEFINITION OF “NET INCOME”

By Buffalo Grove Law Offices | July 18, 2021 |

The MSA provided that each year the parties would conduct a “true-up”. It would be based on husband’s tax documents. The true-up would determine if he paid the proper amount of support in the prior year. Subsequently, husband filed a motion to modify child support. He asked the court to reduce his monthly support obligation…

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INTEREST ON UNPAID CHILD SUPPORT IS MANDATORY

By Buffalo Grove Law Offices | July 18, 2021 |

The parties were back in court after the divorce.  The Trial Court calculated that in February, 2016 father’s child support arrearage was $5,701.  This was for the years 2009 through 2014.    The Court, in 2018, calculated mandatory statutory interest on the arrearage.  It started the interest accrual from February, 2016. The law provides that: “A…

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Dead Beat Dad Enters a General Appearance

By Buffalo Grove Law Offices | July 18, 2021 |

Mom gets a default judgment for dissolution of marriage in a country in Europe in l983. She and Dad have four young children. Mom never sees a dime from dad, who lives in the United States. Mom and dad have a piece of property in Europe, which the Swiss court executes on in l986, in…

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THE OFFICE OF CHILD SUPPORT ENFORCEMENT DOES NOT COLLECT SPOUSAL SUPPORT UNLESS A CHILD SUPPORT OBLIGATION IS ALSO BEING PROCESSED.

By Buffalo Grove Law Offices | July 18, 2021 |

Parties are divorced in a country outside of the United States. For our purposes, let’s consider a Netherland’s Judgment for Dissolution of Marriage. Children are emancipated, and ex-wife receives maintenance (formerly known as alimony) for a period of time. Ex-wife is now our Petitioner in the U.S. in her action under the Uniform Interstate Family Support…

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ANY CHANGES SINCE THE MOST RECENT SUPPORT JUDGMENT?

By Buffalo Grove Law Offices | July 20, 2021 |

Ex-husband filed a petition to reduce his child-support obligations. The trial court found that there had not been a substantial change in circumstances even though the ex-husband’s overnight custody had grown from 15% to 45%. The court explained that the ex-husband’s increased share of custody was too long ago. It had taken place five years…

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SDU PAYMENT HISTORY USED AS PROOF OF NONPAYMENT BY EX-HUSBAND

By Buffalo Grove Law Offices | July 20, 2021 |

The trial court held numerous hearings on multiple post-judgment issues.  These issues had been pending for several years.  The trial court entered an order denying a finding of contempt against ex-husband for nonpayment of child support expenses.  Ex-wife appealed. The appellate court reversed.  It held that the ex-wife had met her burden.  She had established…

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