Chicago Child Support Lawyers
Illinois law states that both parents owe a duty of support to their children. Therefore, the Court has the power to award child support to either parent, for the benefit of their children. Typically, child support is awarded to the parent who has the majority of parenting time. Child support is available in divorce, legal separation, and parentage cases, both during the case and thereafter. Child support is generally not available where both parties and the children remain living together during the pendency of the case.
Although child support was formerly based upon a percentage of the non-custodial parent’s net income, the system for calculating support has been changed. Child support is now based upon the “income shares” model. In essence, the net income of each parent is determined after considering all sources of income, including but not limited to all employment income, any maintenance received, overtime pay, bonuses, commissions, etc. From that, the total net income of both parents is added together to determine their combined income. Once the family’s total net income is calculated, the “basic child support needs” is determined (using a chart) based upon the number of minor children.
Once the basic child support amount is determined from the chart, each parent’s obligation is determined based upon their respective share of the family net income. For example, if Parent A earns 65% of the net income and Parent B earns 35%, then Parent A’s obligation is 65% of the basic child support figure. In cases where one parent’s income varies, the court may average that person’s income, so that the amount of the child support obligation will be the same from paycheck to paycheck based upon the average. In some cases, there may need to be a reconciliation at the end of every year to make sure the correct amount is paid.
In addition to child support, parents can be responsible for daycare services, extracurricular activities, camp, school-related expenses, and health care expenses not covered by insurance and other related expenses.
Let our Family Lawyers Help You
If you’re seeking assistance from another parent, contact our Attorneys who focus on child support in Chicago or call our Chicago office at 312.360.0250 or our Skokie office at 847.329.0101 today.