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.

805, 2019

SOCIAL SECURITY DISABILITY INCOME IS PART OF INCOME FOR CHILD SUPPORT PURPOSES

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

In the divorce decree, the parties shared custody of their minor child.    A determination had already been made that the child was entitled to SSDI dependent benefits based upon the husband’s disability. The trial court [...]

2504, 2019

YOU CAN’T CALL CHILD SUPPORT MAINTENANCE

By | April 25th, 2019|Categories: Child Support, Spousal Maintainence|Tags: , , |0 Comments

The Trial Court initially awarded the wife $6,000 per month for maintenance.  And $6,000 per month for child support for a single minor child.  Husband earned $550,000 annually.   The Trial Court then reconsidered the [...]

204, 2019

FILING A TIMELY PETITION FOR COLLEGE EXPENSES

By | April 2nd, 2019|Categories: Child Support|Tags: |0 Comments

The provisions of a divorce decree may be modified to require one or both parents to provide for the education and maintenance of a child.  Whether that child is of minority or majority age. But, [...]

2603, 2019

YOU HAVE TO PAY SUPPORT DURING THE APPEAL

By | March 26th, 2019|Categories: Child Support|Tags: , , |0 Comments

The former wife initiated proceedings against the former husband to enforce child-support provisions of their marital settlement agreement.   It had been incorporated in the judgment dissolving their marriage. The Trial Court ordered former husband to [...]

1903, 2019

WHAT EXACTLY IS A SUBSTANTIAL CHANGE OF CIRCUMSTANCES?

By | March 19th, 2019|Categories: Child Support, Financial Issues When Divorcing|Tags: , , , |0 Comments

The Trial Court denied husband's petition to modify his child support obligation. The Court found nothing to indicate that husband's child support obligation was based on the parties' mutual understanding.  Husband said they had agreed [...]

1302, 2019

IN JAIL? THAT DOESN’T STOP YOUR CHILD SUPPORT DUTY

By | February 13th, 2019|Categories: Child Support|Tags: , , |0 Comments

The child support statute does not limit what assets the court can reach.  To assure the child support order is satisfied.  The husband was sentenced to 73 years in prison for the attempted murder of [...]