Child Support Attorneys
Child Support Lawyers Serving Kane, Kendall & DeKalb Counties
How Is Child Support Calculated?
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. You can learn more @ 750 ILCS 5/ Illinois Marriage and Dissolution of Marriage Act.
The Illinois state child support guidelines purpose is to:
- Establish a standard of child support subject to the parents ability to pay
- make sure child support obligations are more equitable (fair)
- improve the efficiency of the court(s)
- calculate child support based on the parents combined net income estimated to have been allocated for the support of the child if the parents were living in an intact household
- to adjust child support based upon the needs of the child
- to allocate the amount of child support to be paid by each parent based upon the parent’s net income and the child’s physical care arrangements
With divorce and separation rates at one of the highest points they have been in history, it is no surprise that there are literally millions of parents who are divorced. The dissolution of a marriage does not result in the dissolution of a parent’s responsibility to their children, of course, and this is true even if the child in question only lives with one parent. Uniform state laws along with federal legislation have been enacted in order to help ensure that child support orders are enforced, even if one of the parents moves across state lines. With that said, it should be noted that each state still has their own formulas and guidelines regarding how child support orders are established as well as how to go about collecting it.
When you have questions about child support in Illinois, it is important to have them answered as quickly as possible. Reaching out to an experienced lawyer can help you better understand the child support process, including:
- The order itself
- How the amount was calculated
- How to go about paying support
- How to go about collecting support
- The various state-specific laws that are applicable in Illinois
When you have questions about child support or any of the aspects surrounding it, you should reach out and contact an experienced family law attorney. The lawyers at Van Der Snick Law Firm, LTD for example, are familiar with child support cases and can help you determine your rights as well as whether or not you are being properly represented in court. Note that our lawyers are always happy to fight for your rights and to ensure that your case is properly handled.
The Basics of Child Support
It might seem strange to think about, but parents technically owe their child or children a legal duty. More specifically, they are required to financially support their child until the child reaches either 18 or 21 – the age of majority. When one parent has sole physical custody of a child, the other parent does not simply walk away from this financial responsibility. On the contrary, this duty is enforced by the state and the non-custodial parent is required to pay child support in order to fulfill it.
One of the things most commonly misunderstand when it comes to child support is the importance of where the child is living when the support order is enforced. Some people believe that if the child is living with a third party rather than the other parent, for example, that there is no duty to pay child support. This is false. In general, your duty is to your child, not their guardian. Child support is, of course, handled by your child’s guardian as they are the adult in the situation, however the money is not owed directly to them. With few exceptions, this means that you owe child support regardless of where your child is living.
Enforcement
You might be wondering what happens if you fail to pay your support order. The answer to this question is varied, however it should be noted that the state enforces child support orders. That means that if you fail to pay, the state will be the party responsible for ensuring that you catch up on your back child support and continue to pay in the future. Among other things, this could land you in jail should you fall far enough behind.
Additionally, you could experience consequences like the following:
- Suspension of Business/Professional Licenses
- Suspension of Recreational/Driver’s Licenses
- The Necessity to Prepay Future Child Support
- Criminal Charges
As you can see, the consequences for failing to pay your child support are numerous and quite serious. In order to ensure that you are in compliance with your child support order, or to attempt to request a modification should it be warranted, you should reach out to a family law attorney today. At Van Der Snick Law Firm, LTD we believe that you deserve to live your life without the fear of incarceration from child support payments. We will work with you and the court to examine your current support order should it be too much for you to pay, and will do our best to obtain a modification that is more feasible.
Parenting Time
In 2017, a new law took effect in Illinois that now takes parenting time into account when calculating child support orders. That means that parents who spend more time with their children might end up paying less in child support. This is because the assumption is that the parent in question is spending the same money that would be paid in child support directly on the child during said parenting time. If you believe that your support order should be modified to reflect this change, contact Van Der Snick Law Firm, LTD today!
Contact A Child Support Family Law Attorney Today For Help!
For more information and to hear how we can help your case, contact Van Der Snick Law Firm, LTD and set up a consultation.