Child Support

//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.

2309, 2020

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

By | September 23rd, 2020|Categories: Child Support, Uncategorized|0 Comments

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 [...]

1504, 2020

INTEREST ON UNPAID CHILD SUPPORT IS MANDATORY

By | April 15th, 2020|Categories: Child Support|0 Comments

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, [...]

1810, 2019

ANY CHANGES SINCE THE MOST RECENT SUPPORT JUDGMENT?

By | October 18th, 2019|Categories: Child Support|0 Comments

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 ex husband's overnight custody had grown from 15% to [...]

1810, 2019

SDU PAYMENT HISTORY USED AS PROOF OF NONPAYMENT BY EX HUSBAND

By | October 18th, 2019|Categories: Child Support|0 Comments

The trial court held numerous hearings on multiple postjudgment 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 [...]

1909, 2019

CHILD SUPPORT FROM DECEDENT’S ESTATE

By | September 19th, 2019|Categories: Child Support|Tags: |0 Comments

Prior to the 1991 amendment, case law did not allow children to obtain educational support from their divorced parents’ estates.  Unless there was an obligation for the parent to provide such support prior to his [...]

807, 2019

FATHER RESPONSIBLE FOR MINOR CHILD’S BILLS, BUT NOT FOR EMANCIPATED CHILD’S BILLS

By | July 8th, 2019|Categories: Child Support|Tags: , |0 Comments

Hospital filed complaint under family expense statute against divorced, noncustodial parent (father) to recover costs of medical services rendered to his child. The Circuit Court granted summary judgment against the father.  He appealed. The Appellate [...]