Child Support Attorney Harwood Heights, IL
Child Support Lawyer in Harwood Heights, IL
Regardless of whether you are a mother or a father, if you are not the primary custodial parent, you will likely be required by an Illinois family court to make recurring child support payments. This is based on the duty that all parents have: to support their children financially. Because it is assumed that the custodial parent is fulfilling this obligation by virtue of having a majority of parenting time, the onus to make actual child support payments is on the other parent.
Understanding how we determine the amount of child support can be complicated. At the law offices of Gordon & Perlut, LLC, Divorce and Family Law Attorneys, our Harwood Heights child support lawyers can guide you through everything you need to know, including modifying your court order at a later date. Call our legal team today to get started.
Allocation of Parental Responsibilities and Child Custody in Harwood Heights: Income Shares Model Overview
The state of Illinois relies on the “income shares model” to determine the value of a child support obligation. The income shares model considers both parents’ incomes in determining a child support amount, and then each parent is responsible for support in an amount that is proportional to their income. For example:
Suppose that together, parents earn a total of $4,000 in net income per month, with the primary residential parent earning $1,500 (37.5 percent), and the “noncustodial” parent earning $2,500 (62.5 percent). Based on Illinois child support guidelines and other factors, the court determines that the child deserves roughly $800 per month in support. It will be assumed that the “custodial” parent is already contributing their portion of support by virtue of having the child; therefore, the “non-custodial” parent will be liable for 62.5 percent of the $800, or $500 per month.
Other Factors a Court Considers When Issuing a Determination About Child Support
Parents’ incomes and the number of children are not the only factors that will be considered when a court is making a determination about child support. Recognizing that each family’s and child’s needs are different, the court may also consider:
- The financial resources of each parent
- The needs of the child
- The child’s educational and healthcare needs
- The standard of living that the child would have experienced but for the divorce
- Any other factors the court finds relevant.
Modification of a Child Support Order
It is critical that a parent who is ordered by the court to pay child support in Harwood Heights recognizes that adhering to the support order is not optional, but mandatory; if the individual fails to make child support payments, there can be serious consequences, including garnishment of wages and even jail time.
If modification of a support order is necessary due to a change in circumstances, a petition with the court may be filed. Our law firm can assist you in doing this effectively.
Frequently Asked Questions About Illinois Child Support
How is child support calculated in Illinois?
In Illinois, child support is determined using an “income shares” model, which takes into account the combined incomes of both parents and the specific number of overnights each parent spends with their child. This method aims to reflect the financial resources available to support the child’s needs, akin to what would have been provided had the parents remained together. The Illinois Department of Healthcare and Family Services (HFS) offers a comprehensive standardized worksheet and schedule to help estimate these support obligations. Additionally, the calculation can incorporate other important factors such as the costs of health insurance, childcare, and any extraordinary expenses that may arise.
What counts as income for child support purposes?
For child support calculations, a broad range of income types is considered. This includes regular salaries, bonuses, commissions, unemployment benefits, pensions, and income generated from rental properties. The courts may also take into account non-traditional income sources, including gig economy earnings, gratuities, or returns on investments. It is essential to note that if a parent deliberately underreports their income or attempts to conceal financial resources, the court may assign an imputed income estimation based on the parent’s potential earning capacity.
Can child support be modified?
Absolutely. Either parent has the right to request a modification of the child support amount if there is a significant change in circumstances. This could include situations such as losing a job, experiencing a notable increase in income, or changes to the existing parenting arrangement. Any modifications to the agreement must be formally approved by the court and typically will not be applied retroactively unless the petition for change is filed without significant delay.
What happens if a parent doesn’t pay child support?
When a parent fails to fulfill their child support obligations, they may face a series of serious repercussions. These can range from wage garnishment, where a portion of their earnings is automatically deducted, to the suspension of driver’s or professional licenses. The state can also intercept tax refunds and, in severe cases, individuals may even face jail time for non-compliance. Additionally, Illinois has systems in place to report delinquent parents to credit bureaus and may impose liens on their property, making it challenging to sell or refinance.
Does child support cover college expenses?
Under Illinois law, courts have the authority to order contributions from parents for post-secondary education expenses, which encompass tuition fees, textbooks, and living costs while the child is in college. However, this provision is not automatic; rather, it necessitates a separate legal petition that must usually be submitted before the child reaches 23 years old (or 25 in certain circumstances), ensuring that educational needs are proactively addressed.
How long does child support last?
Child support payments typically remain in effect until the child turns 18 years of age or graduates from high school, whichever scenario occurs later. This period may be extended for adult children with disabilities or adjusted to include support for college expenses. Importantly, any request for the termination of support must be formally presented before the court to ensure that all legal protocols are followed.
Can child support be enforced across state lines?
Yes, Illinois is a participating state in the Uniform Interstate Family Support Act (UIFSA), which facilitates the enforcement and modification of child support orders across different states. This is particularly vital for parents who relocate or have custody agreements that span multiple states, allowing for consistent support enforcement regardless of geographical boundaries.
Is child support taxable?
Child support payments are not classified as taxable income for the receiving parent, nor are they tax-deductible for the paying parent. This tax treatment sets child support apart from spousal support, which may incur different tax obligations based on the specifics of the divorce decree and the timing of the payments.
Can parents agree to a different amount than the guideline?
Yes, parents can negotiate an alternative child support arrangement, but this is contingent upon the court determining that any deviation from the standard guidelines is in the child’s best interest. Judges have the discretion to approve alternative support plans if both parents are in agreement and it is clear that the child’s needs will be sufficiently met under the proposed terms.
Call Our Harwood Heights Child Support Lawyers Today
To learn more about child support obligations in Harwood Heights and how a support obligation is issued or modified, please call our experienced Harwood Heights child support lawyers today for a consultation. We work hard for you and have secured the case results you’d expect from a qualified legal professional.