In Illinois, parents have a basic responsibility to provide financial support for their children. The state has official child support guidelines in place to help ensure that all parents contribute their fair share to support their families. Navigating child support can be challenging. Whether you are paying or owed child support, you may have questions about your rights or responsibilities.
I am a partner at the leading Chicago law firm of Harrison LLP, and a skilled child support lawyer in Chicago with extensive experience handling complex child support cases. As a Chicago child support attorney who has worked with families for decades, I’ve set forth below what you need to know if you are seeking child support or are being asked to pay it. Call my Chicago office today at (312) 621-5234 or contact me directly online to set up a confidential, no obligation, review of your child support case.
CHILD SUPPORT IN ILLINOIS: AN OVERVIEW OF STATE LAW
The Primary Factors are Income, Number of Children, and Parenting Time
Parents are obligated to provide financial support for their minor children. Under Illinois law, child support is based upon certain guidelines. The primary factors for calculating child support are the net income of the parents, the number of minor children, and the parenting schedule.
Though the law is explicit regarding how child support is calculated, there are factors that can make this issue more challenging, such as facts that may warrant an upward or downward deviation from the guidelines.
The Income of Both Parents Will Be Considered
Chicago child support lawyers must stay abreast of changing laws that govern child support, child custody, parenting plans, and other issues that may arise in a divorce. New Illinois Child Support Laws became effective on July 1, 2017. Instead of only looking at the income of the parent paying support, the court now looks at both parents’ income, as well as the amount of time each parent spends with their child(ren). Illinois law bases support upon certain guidelines.
Illinois evaluates the net incomes of both parents, parenting time, and additional expenses when calculating an appropriate amount of child support. The Illinois Department of Health and Family Services established tables outlining the percentage of combined net income that parents living in similar households in the state ordinarily spend on their children. The goal is to provide a more balanced approach by considering how much both parents are expected to contribute to raising their children. The court also looks at each parent’s parenting time.
Courts Presume the Guidelines are Correct—But You Can Prove Otherwise
Under the law, there is a rebuttable presumption that the amount determined under the guidelines is correct. For judges to order a different amount, they must outline in writing why they are deviating from the guidelines. In other words, state law understands that the child support guidelines will not work properly in every case. You have the right to petition for a deviation from the guidelines—either to receive more child support or pay less child support. However, judges will presume that no deviation is necessary. To get a deviation, you need a Chicago child support lawyer who can help you build a strong, compelling case.
WHAT TO KNOW ABOUT THE ILLINOIS CHILD SUPPORT CALCULATOR
Many parents have questions about calculating child support in Illinois. To help people understand child support obligations, the Illinois Department of Healthcare and Family Services has put together a basic child support estimator. You can use the child support calculator to get a general idea of the amount of child support owed under the Illinois child support guidelines. The calculator asks for many different details, including:
- The number of children being supported
- The number of overnight stays of the non-custodial parent
- The current income of each parent
- Childcare and health insurance costs
- Any unique extraordinary expenses
State officials caution that these are estimates and that every case is different. The calculator is useful to provide a basic understanding of child support. It should not be relied upon for a definitive answer. The actual amount owed may be different than what the child support calculator shows. If you have specific questions, contact a Child support lawyer in Chicago for help.
PROTECTING THE INTERESTS OF YOUR FAMILY IN CHICAGO, ILLINOIS
I am both a child support attorney and an accountant that has worked on countless cases that involve child support, including those that require more detailed analysis and advocacy than the standard case. Whether your case is straightforward or complex, contact me for the answers and representation you need for your child support case in Illinois.
CHILD SUPPORT IN ILLINOIS: FREQUENTLY ASKED QUESTIONS (FAQS)
What Are Child Support Arrearages?
A legal term, ‘arrearage’ or ‘arrears’ essentially means past-due child support. A child support arrearage exists when a legally binding child support order is in place, but there is an unpaid or outstanding balance due. How child support arrears should be handled depends on a wide range of different factors.
How Long is Child Support Paid?
In Illinois, child support is generally paid until a child’s eighteenth birthday or the date of their high school graduation, whichever is later (unless the child is still in high school after their 19th birthday, in which case support is cut off on that date). There are some very limited exceptions for disabilities and medical needs where child support could extend beyond the normal guidelines.
Is Overtime Calculated in Child Support in Illinois?
Yes, overtime pay is part of the calculation. In Illinois, child support is generally calculated based on gross income. It does not matter if the income came from overtime hours or even a second job. All income is considered. A parent cannot claim an exemption simply because they earned some of their income from working overtime.
Are College Education Expenses Included in Illinois Child Support?
As a general rule, the answer is ‘no’—child support obligations expire after a child’s 18th birthday or high school graduation. They do not extend to college expenses. However, there are separate laws that allow parents to ask a court to require parents to contribute to their children’s college educational expenses.
WHY CHOOSE CHICAGO CHILD SUPPORT ATTORNEY MICHAEL C. CRAVEN
Child support disputes are complicated. There are many challenging legal and logistical issues that must be resolved. With experience as a Certified Public Accountant and tax lawyer, Michael C. Craven is uniquely qualified to represent parents in child support cases. He is ready to get started on your case today. When you call our Chicago office, you will have an opportunity to speak directly to a Chicago child support lawyer who can:
- Listen to your story and answer your questions
- Explain your rights and responsibilities under the Illinois child support laws
- Gather and prepare all financial records and information
- Advocate for you in settlement negotiations
- Devise a strategy focused on protecting your financial interests
While Illinois has pre-set child support guidelines in place, it is important to remember that state courts have the authority to deviate from the guidelines when warranted by the specific circumstances of the case. Ultimately, every child support dispute is different. You deserve personalized representation from a top Chicago child support lawyer. Our team is ready to do what is best for you and your family.
CALL OUR CHICAGO CHILD SUPPORT LAWYER TODAY
Michael C. Craven is an experienced child support lawyer in Chicago. He has the skills and knowledge to get you and your family the best possible outcome. If you have any questions about child support, we are more than ready to help. Contact us now at (312) 621-5234 for a confidential consultation. We represent parents in Chicago and throughout Cook County.
