Whether separated by divorce or never married, both parents are responsible for caring for a child in Illinois. When one parent has primary residential responsibility of the child, the other parent is typically required to provide financial assistance in the form of child support. Both residential and non-residential parents often hotly contest child support matters. At J. Aldrich Law, P.C., our attorneys are highly knowledgeable about Illinois child support laws. We strongly advocate for your rights and the rights of your children to be properly provided for according to the law.
In July 2017, an update to the Illinois child support law took effect, significantly changing how child support is calculated. While the law had previously utilized statutory guidelines based on the net income of the paying parent, the new guidelines take both parents' incomes into account, as well as the amount of parental responsibility and parenting time that each parent has with their children. Net income is calculated by taking the payor's gross income and deducting income and payroll taxes, as well as other mandatory expenses such as health insurance, medical expenses, debt repayment, union dues, and mandatory retirement contributions.
The court typically adheres to these guidelines strictly, but there are circumstances that may justify deviating in either direction from the statutory child support award. For example, if the child has specific medical or educational needs that require extraordinary expenses, the court may require the supporting parent to pay more child support.
Child support disputes also arise when one party feels as if the statutory award has been improperly calculated. For example, the parent receiving support may suspect that the net income of the supporting parent has been underreported so as to result in a lesser child support payment. Our attorneys are skilled in handling child support disputes such as these. We also handle modifications to child support orders, which are typically precipitated by a change in financial circumstances (such as a substantial raise) for either parent.
If you are involved in a child support dispute or need assistance working out a child support matter, contact our attorneys at 630-953-3000 to schedule a free consultation. We will explain how child support is calculated under the new law and what you can expect from the legal process. Our firm is located in Naperville, Illinois, and our attorneys work with clients throughout DuPage County and Will County. We also handle child support and family law matters in Cook, Kane, and Kendall Counties.