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.

811, 2018

NO PASSPORT IF YOU OWE CHILD SUPPORT OF AT LEAST $5,000

By | November 8th, 2018|Categories: Child Support, Interstate and International Custody Issues|Tags: , , , , |0 Comments

The government is ordered to deny the passport application of a person who owes child support of at least $5,000. Eunique's marriage was dissolved in California. Her husband was awarded custody of the children. She [...]

2510, 2018

MAKE SURE YOU ARE HEARD LOUD AND CLEAR

By | October 25th, 2018|Categories: Child Support, Maintenance|Tags: , , , , , , , |0 Comments

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 [...]

2109, 2018

PENALTIES AGAINST EMPLOYER FOR NOT WITHHOLDING

By | September 21st, 2018|Categories: Child Support, Financial Issues When Divorcing|Tags: , , , , , |0 Comments

Ex-wife filed a complaint against 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 [...]

2109, 2018

WHEN IS A JOB CHANGE NOT DONE IN GOOD FAITH?

By | September 21st, 2018|Categories: Child Support, Financial Issues When Divorcing|Tags: , , , , , , |0 Comments

Was 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 [...]

2108, 2018

GOING AFTER CHILD SUPPORT ARREARAGES IN PROBATE COURT

By | August 21st, 2018|Categories: Child Support, Post-Decree Issues|Tags: , , , , , , , , , |0 Comments

Divorce 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 [...]

1608, 2018

THAT IS ONLY WHAT YOU THOUGHT IT MEANT

By | August 16th, 2018|Categories: Child Support, Financial Issues When Divorcing|Tags: , , , , , , |0 Comments

Husband was ordered to pay child support when the parties divorced.  He was not working at the time. The child support was based on imputed income.  Or, what he could be earning. The divorce decree [...]