Child Support

goodman child support

Child Support Lawyers in Oak Brook, Wheaton and Naperville

All parents are legally obligated to support their children. When a marriage ends or a couple separates, one party will likely be required to pay child support.  Child support payments are typically made to the parent with the majority of parenting time (primary physical custody of the child).

Child Support Guidelines

In Illinois, the law provides the minimum level of support the non-residential parent must pay. The minimum guidelines provide for child support payments in the amount of 20% of net income for one child, 28% of net income for two children, and 32% of net income for three children.

The amount is based on the non-residential parent’s net income, which is income from all sources minus the following: properly calculated state and federal income tax, social security payments, mandatory retirement contributions, union dues, health insurance premiums, prior child support or maintenance obligations, and certain debt repayments.  The family law court judge may deviate from an award of guideline support if the judge finds a deviation is appropriate and in the best interests of the child after considering several factors, including:

  • The financial resources and needs of the child;
  • The financial resources and needs of the custodial parents;
  • The standard of living the child would have enjoyed had the marriage not been dissolved;
  • The physical, mental, and emotional needs of the child;
  • The education needs of the child; and
  • The financial resources and needs of the non-custodial parent.

Child support orders typically end when a child turns 19 or graduates from high school, whichever occurs first.  However, either party can request support for a non-minor child if the child has special needs or is attending college.   Child support orders may be modified if the requesting party can show a substantial change in circumstances.  A substantial change in circumstances might be a significant change in income or a significant change in the child’s financial needs.  There are stiff penalties for failing to comply with a child support order, such as contempt of court or the loss of your driving privileges.

New Child Support Law Coming Summer 2017

Child support laws in Illinois are set to undergo a radical change on July 1, 2017.  Illinois is set to join 39 other states when it begins utilizing an income-sharing model for calculating child support.  Unlike the current approach to calculating child support described above, the new child support law will consider both parents’ incomes and the amount of parenting time each parent has with the children when it awards child support.

DuPage County Child Support Lawyer

If you are looking for an experienced litigator in Oak Brook, Naperville, Wheaton, or Chicago, contact us today at (630) 464-6700 and request a child support consultation.