Niles Illinois Child Support Lawyer
Once a divorce is finalized, a custody and child support court order will go into effect. Before a divorce can be settled, though, parents must come to an agreement about parental responsibilities and child support, or the court must determine these issues. If you have questions about either, our Niles child support lawyers at the law offices of Gordon & Perlut, LLC can help. In the meantime, consider the following about how child support is calculated in Illinois.
Who Must Pay Child Support?
The state of Illinois holds that while both of a child’s parents may not be able to provide physical care for the child, each party is financially responsible for their child’s wellbeing. As such, both parents are expected to make a financial contribution to their child. When parents are not married or are not living together, it is assumed by the court that the custodial parent is satisfying their obligation to provide for the child financially by virtue of providing physical care for the child and, as such, it is the non-custodial parent who will be required by the court to make child support payments in most circumstances. However, the income of both parents is considered.
How Are Child Support Payments Calculated?
The state of Illinois now uses the income shares model to calculate the amount of child support that a parent owes on a monthly basis. The theory behind this model is that the child should receive the same proportion of parental income and support that they would have received had the parents not separated. Using this model, the income of both parents is determined and then combined, the amount that a child is entitled to (in total) is determined based on statute, and then the amount that each parent owes is prorated based on each party’s contribution of shared income.
For example, per Illinois statute, parents who make a combined amount of $9,000 per month and have one child “owe” that child support of $1,354 in child support per month. Now, suppose that custodial parent A makes $4,000 of the $9,000, and noncustodial parent B makes $5,000 of the $9,000, or 55 percent of the total amount of combined income. As such, parent B would be responsible for 55 percent of the child support award ($1,354), or roughly $745 per month.
Modifying a Child Support Order
When a child support order is calculated, the court will take into account any extraordinary circumstances and special needs of the child. Once an order has been issued, the judgment is enforceable, and a party must make their ordered child support payments on time and in full in order to be in compliance with court regulations.
However, a child support order can be modified in some situations. The parent requesting the change must show a substantial change in circumstances that warrants modification in order for the court to consider the change.
A Niles Child Support Attorney Can Help
If you have questions about child support, working with a Niles child support attorney is strongly recommended. At the law offices of Gordon & Perlut, LLC, our Niles child support lawyers are available to meet with you and discuss your case in more detail. Call today to get started.