At Reich, Jumbeck, Stole & Reeb, LLP, we have over 100 years of combined experience representing clients for child support issues in Will, Grundy, DuPage, Kendall Counties.
In any parentage or divorce case involving children, it is essential to establish child custody (now referred to as allocation of parental responsibilities) and child support arrangements. Regardless of which parent has the majority of parenting time, both parents are responsible for the financial support of their children, following Illinois law and based on the child’s best interests. Typically, the non-custodial parent must pay a certain amount to help cover the child’s living and educational expenses. Health care, childcare, and other essential costs may also be included in the divorce agreement.
Child support is not always a simple calculation. Factors such as taxation, small business income, unreported income, and the eligibility of certain deductions can influence the process. At Reich, Jumbeck, Stole & Reeb, LLP, we have extensive experience in all aspects of child support and can address even the most complicated issues. We negotiate support agreements with our client’s best interests in mind and, if necessary, advocate vigorously for them at all court levels.
Some of the child support issues we assist clients with include:
- Securing support agreements as part of a divorce or paternity proceeding
- Identifying hidden assets or sources of income that may impact the amount of support awarded by the court
- Modifications and enforcement of child support orders in post-decree proceedings
There Are New Changes To Child Support Laws
In July of 2017, a revision to the Illinois Marriage and Dissolution of Marriage Act went into effect redefining the guidelines for how child support is calculated. While the guidelines under the previous version of the law were based on the income of the non-residential parent, the updated statute now takes both parents’ incomes into account.
To determine the amount of child support payments, courts will first determine each parent’s net income using a Gross to Net Income Conversion Table provided by the Illinois Department of Healthcare and Family Services (HFS). These incomes will be added together to determine the parents’ combined net income and an Income Shares Schedule provided by Illinois HFS will be used to determine the amount of a child’s basic support obligation for that combined income range. This amount will then be divided between the parents based on the amount that each parent contributes to the combined income. If each parent has at least 146 overnight stays with their children each year, the court will perform additional calculations to determine each parent’s child support obligation based on the percentage of parenting time they have with their children.
These guidelines apply without regard to marital misconduct and/or who is at fault for the divorce. However, other factors can be considered (based on the best interests of the child) to deviate from these guidelines, including:
- The mental, emotional, and physical needs of the child;
- The educational needs of the child;
- The finances and needs of the primary residential parent;
- The finances and needs of the child;
- The finances and needs of the non-residential parent; and
- The established standard of living of the child during the marriage.
In general, child support obligations end when the child graduates from high school or turns 19. Support can end before this time if the child becomes emancipated; such as if the child is married or joins the military. On the other hand, support may continue past the age of 19 if the child is disabled or has post-secondary education expenses.