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) 772-8579 to schedule an appointment to discuss your situation.
The Trial Court entered a final parenting plan and judgment. The parties were now divorced. Father filed a Motion to Reconsider. He felt that the Court was wrong in certain parenting decisions it had made. The Court denied Father’s motion. Father also filed a Motion to Reconsider the amount of child support that he was…
Read MoreThe issue was college education. The parties had four children. The parties’ judgment for dissolution of marriage did not order a specific dollar amount or percentage to be paid by either party. It left the amount to be determined at a later date. The Judgment required Husband to maintain accounts for each child’s college or…
Read MoreThe Marital Settlement Agreement required the husband to deposit $90,000 in a 24-month trust. His wife was to withdraw his monthly child support obligation. And his 50% share of child-related expenses. The trust period expired. The wife filed a petition to replenish the trust. And to establish the husband’s current support obligation. Husband also filed…
Read MoreHusband earned a bonus in addition to his salary. The parties divorced. The child support was to pay 20% of his net income per pay period. Also, at the end of the year, he is to true up his income. He will pay 20% of his entire net income by the end of the year.…
Read MoreThe mother filed a Petition for Modification of Child support. She believed that her father was making substantially more than he had made when they got divorced. The trial court stated that dad owed $150,000.00 in back child support. He was ordered to pay this amount within the next six months. Father filed an appeal.…
Read MoreThe divorcing parties had four children. Support was to be reduced ¼ as each child was emancipated. Later, an order was entered for past due to child support. The children were still not emancipated. The ¼ reduction language was left out. The children were all emancipated years later. Dad said he now owed about $40,000…
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