As a couple navigates the divorce process, it is entirely common for both parties to be concerned about a number of issues. How will marital assets be divided between the spouses? How will parental responsibilities be allocated? Will I be able to secure a healthy financial future for my family? If you have been named the primary parent, after your divorce, the financial toll of raising your children on your own can be incredibly challenging. Because of this, it is critically important to establish a child support payment plan with your former spouse. When it comes to issues of child support, it is crucial to hire an attorney you can believe in.
Here in the state of Illinois, child support payment amounts are calculated through a number of factors. The first component that will be considered, is the gross income of both parents. The gross income calculation will include any court-ordered spousal maintenance from either a current or former spouse. The court will then combine the net income of both parents, and estimate the amount of money usually spent on a child, on a monthly basis. This calculation includes the cost of groceries, school tuition, and medical expenses, and is known as the basic support obligation. If the child lives with a primary parent, the other parent will likely be asked to pay half of all basic support obligations.
Unfortunately, in many instances, former spouses will refuse or fail to pay child support payments. According to data from the U.S. Census Bureau, just under 70 percent of all court-ordered child support is actually received by the primary parent each year. If you are not receiving the child support you are owed, it is important to speak with your attorney. A qualified legal professional can assist you in petitioning the court. Depending on your case, the judge has the authority to withhold wages from the non-custodial parent, or place a lien on their property. In other instances, the Department of Child Support Services (DCSS), will step in and begin monitoring the payment activity of the non-primary parent. If the DCSS finds that the parent has missed six months or $5,000 in payments, the non-custodial parent may face significant fines and even potential jail time.
At J. Aldrich Law, P.C., we fully understand how emotional the divorce process can be. Separating from a former spouse can be one of the most difficult challenges in your life. As you navigate the emotions of such a momentous event, our team will fight to equip your family for a sustainable financial future. Our attorneys will ensure that the calculated child support payments are valid, and that your former spouse is consistently making full payments in a timely fashion. To schedule a complimentary consultation with a Naperville family law attorney, contact us today at 630-953-3000.