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Mevorah Law Offices LLC

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DuPage County Child Custody Lawyer

Will County, IL Child Support Lawyers

Child Support Modification and Enforcement Attorneys in Joliet

When one parent has sole physical child custody, the other parent still has an obligation to provide support for the child. The specific requirements of a parent’s support obligations are determined by a family court and set out in a court order. If a parent does not abide by the child support order, he or she could be held in contempt of the family court.

If you are the custodial parent, you want to make sure you receive adequate support to take care of your children. On the other hand, if you are the non-custodial parent, you want to avoid having to pay more than your fair share in child support, as overpaying may have a significant impact on your life and financial well-being. In any child custody dispute, it is imperative that you have quality representation by an experienced Will County child custody attorney from the Mevorah Law Offices LLC to help ensure a fair outcome for you.

Updated Child Support Calculations in Illinois After July 2017

On July 1, 2017, the Illinois Marriage and Dissolution of Marriage Act underwent a significant revision. Prior to this date, Illinois law calculated child support using a set percentage of the non-custodial parent's net income, and this percentage was based on the number of children being supported. Following the revision, Illinois now uses an income-sharing plan that takes both parent's incomes into account, as well as each parent's amount of parental responsibility and parenting time.

Under the new guidelines, a basic support obligation will be determined using the combined net income of both parents, and each parent will be responsible for part of this obligation based on the percentage their income contributes to the combined income. Net income refers to the parent’s total gross income minus mandatory deductions such as federal and state taxes, Social Security contributions, union dues, health insurance premiums, and mandatory retirement contributions. Payments for loans or other credit accounts are not deducted, as the court claims that child support should be prioritized over other debt payments.

Additional calculations may be necessary if both parents have more than 146 overnight stays with their children every year. In these cases, known as Shared Physical Care, a shared physical care support obligation will be determined for each parent based on their percentage of overnight stays.

The court will follow the above guidelines unless it determines that another amount will satisfy the best interests of the child. In deviating from the statutory guidelines, the court may consider:

  • The financial needs of the custodial parent and child, including education, child care, health insurance, and any special needs.
  • The other financial resources of the custodial parent.
  • The financial needs and resources of the non-custodial parent.
  • The standard of living the child would have experienced had the parents been married or remained married.

While the amount of child support payments in a family's divorce decree may be different from those determined using the new guidelines, the implementation of the new law is not a valid basis by itself to modify any existing child support orders. In order to make modifications to child support, a parent must demonstrate that their circumstances have changed significantly, and the court will review any changed circumstances to decide whether or not to alter the original child support requirements.

Contact a Joliet Child Support Lawyer

Child support determinations are extremely important for the well-being of the child, but they are also important for your own financial well-being. If you are facing a child support determination or modification, you should have an experienced child support attorney in Joliet helping you with your case to ensure you receive a fair result. You should not hesitate to contact the Mevorah Law Offices LLC to discuss your case as soon as possible.

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