Elgin, Illinois Child Support Attorney

Skilled Child Support Lawyer Serving Bartlett, Streamwood and Northern Illinois

Under Illinois law, both parents bear financial responsibility for the care of their child. Consequently, the one that is not the primary residential parent typically pays child support to the other parent. In 2017, Illinois child support laws changed significantly. At Canning Law Offices, we are familiar with these changes and how they may impact our current and future clients. We make sure you also understand Illinois child support laws and how they apply to your specific circumstances. We strongly advocate for our clients rights in child support matters and the rights of the children involved.

Understanding the Updated Child Support Guidelines

On July 1, 2017, an update to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) went into effect, and this update shifted the state of Illinois to an "income shares" model of calculating child support. Prior to this change, child support was calculated using a set percentage of the paying parent's income based on the number of children being supported. Under the new income-sharing plan, both parents' income will be taken into account, as well as each parent's amount of parenting time and parental responsibility.

To calculate the amount of child support, courts will determine each parent's net income, and these incomes will be added together to reach a combined net income. An Income Shares Schedule provided by the Illinois Department of Healthcare and Family Services will be used to determine a basic support obligation based on the combined income and the number of children being supported. This obligation will then be allocated between the parents based on their respective percentage share of the combined income.

If children stay overnight with each parent for at least 146 days per year (40% of the total amount of parenting time), then this is considered Shared Physical Care. In this case, additional calculations will be done to determine a Shared Physical Care Support Obligation and to divide this obligation between the parents based on their percentage of overnight stays with their children.

While there may be some dispute over what constitutes net income, the court generally holds firm to these guidelines. In certain specific circumstances, the court may deviate from the guidelines and order that additional financial contributions are required from the paying spouse. These contributions may go towards health expenses, daycare and education costs, and extracurricular activities. The court can use its discretion when ruling on additional expenses with the best interests of the child as the guiding principle.

Child Support Modifications and Enforcement

As financial circumstances of one or both parents change over time, modifications to child support obligations are sometimes warranted. For example, the paying parent may get a significant raise and the receiving parent may petition the court to increase child support. These types of changes may be negotiated through attorneys or litigated in court. Our law firm is skilled in handling child support modifications. We can also assist with legal remedies for enforcement matters. If your co-parent is not paying child support as ordered by the court, there are legal options available to you.

If you are looking for experienced legal representation for your child support or divorce matter, contact Canning Law Offices at 847-742-0420 to schedule a free consultation. We will discuss how Illinois guidelines and exceptions will apply in your situation and answer any questions you may have. We make it easy to schedule a consultation by offering evening and weekend appointments. Our firm represents clients throughout Kane, McHenry, and DeKalb Counties.