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.
Husband did not make maintenance and child support payments to Wife. Divorce court had ordered payments from Husband. Wife filed Petition (for Rule to Show Cause) against Husband. Wife presented evidence of Husband’s failure to pay. Husband took the Fifth in court. He refused to say anything. He said he would not testify. Anything could…
Read MoreThe former wife appealed from an order of the court. She had been receiving $1,000 per month for unallocated maintenance and child support. The court reduced that amount to $430 per month in child support. She was no longer entitled to maintenance as she had remarried. Her maintenance payment was terminated as of the date…
Read MoreThe parents were divorced. Their divorce decree said they would pay for their son’s college education. If they could afford to. And, if their son showed the desire and ability to continue his education. Son graduated from high school. He was charged and convicted of two felonies. He went to prison for three years. Father…
Read MoreThe ex-wife filed a complaint against her ex-husband’s employer. She alleged that it knowingly failed to withhold money owed for child support and maintenance payments from his wages on 15 pay periods. The trial court assessed statutory penalties against the employer, in the amount of $66,700. Employer appeals. Employer argues that no penalties should have…
Read MoreWas the husband’s voluntary termination of employment from Touche Ross done in good faith? The test for good faith is: “whether the change in status was prompted by a desire to evade financial responsibility for supporting the children or to otherwise jeopardize their interests.” The facts concerning the husband’s voluntary termination of employment from Touche…
Read MoreDivorce judgment for divorce had been entered in 1983. It included monthly child support to be paid by husband. Husband died in 2008. In 2012, wife filed a petition for confirmation of lien, sale of real estate, and entry of a QDRO (against his pension). She alleged that there were child support arrearages and interest…
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