At Keller Legal Services, we offer skilled legal counsel for a variety of family law matters concerning children, including child support, parental responsibilities, parenting time, and paternity. Our Naperville family and divorce attorneys have extensive experience in dealing with child support matters and disputes with positive results, and strive to achieve an equitable and beneficial outcome for each and every one of our clients. The Illinois laws have defined guidelines for determining the minimum amount of child support. We work closely with you to set an equitable and fair child support award that ensures your child(ren) will enjoy an appropriate lifestyle based upon the incomes of the parents and needs of the child(ren).
Illinois courts generally follow the statutory guidelines contained in Chapter 750 ILCS 5/505 of the Illinois Marriage and Dissolution of Marriage Act to set the amount of child support payments the non-custodial parent should pay to the residential parent. The court takes into account the non-custodial parent’s net income and assigns a fixed percentage to it to establish child support, depending on the number of children. For example, if the divorcing couple has one child, the percentage designated to the income is 20 percent. If they have two children, the percentage is 28 percent, and so on.
However, a judge may deviate from these guidelines depending on the individual circumstances of each spouse as well as factors affecting the best interests of the child. The latter may include:
In legal separation, the same considerations are relied upon to set child support by the Court.
It is important to bear in mind that Illinois law is in transition with regard to child support. When the legislature amended the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”), they eliminated the designations of custodial parent and non-custodial parent. They also did away with visitation. Instead, now the court awards Parenting Responsibilities and Parenting Time. The legislature also passed law that confers the responsibility of establishing new child support guidelines based upon the changes to the Illinois Department of Healthcare and Family Services. These new guidelines are scheduled to be published by July 1, 2017. The new guidelines are intended to be much more equitable and in line with today’s families.
What Can Our Naperville Attorneys Do for You?
At Keller Legal Services, we offer our clients comprehensive explanations and effective strategies with regard to establishing and modifying child support. Whether you are seeking to set, modify or terminate your child support, our Naperville lawyers can help. We have more than two decades of experience in handling child support matters in simple divorce, high net worth divorce, post decree modification and enforcement, and paternity cases.
Adjustments to the amount of child support may be required over time as changes occur in the needs and circumstances of both parents and children. At our law firm, we facilitate our clients in achieving post decree modifications whenever it becomes necessary. Such changes typically require a court hearing, and we will help you representing your case in the best possible light to achieve the desired results for your modification and enforcement case.
Life tends to throw us curves now and then. A serious mistake often made is when a parent that is under court order to make child support payments loses his or her job. Unbeknownst to most people, the court can temporarily abate or suspend your child support obligation if you lose your job. The court can alternatively reduce your child support if you are eligible to collect unemployment or obtain a lower paying job in the interim. In the event that a parent stops making child support payments because of inability to pay, the obligation nevertheless continues and the parent is not only responsible for the missed payments but also statutory interest at nine percent (9%) on all arrearages. It is imperative that you immediately file a petition to abate or reduce child support upon the loss of your job or income. Too many parents end up buried in debt for unpaid child support that haunts them for years and sometimes decades because they did not seek relief from their child support obligations. At Keller Legal Services, we help our clients secure temporary abatement and child support reductions for job loss or loss of income.
At Keller Legal Services, we work with our clients to help them resolve child support disputes. Our Naperville child support attorneys will conduct in-depth assessment of your case and provide you with skilled legal counsel, enabling you to make informed decisions.
For more information on how our Naperville attorneys can help you with your child support issue, contact us at 630-868-3093 or online to schedule a free initial consultation. We are always ready to discuss your case and evaluate your legal options.