Child Support

Child Support

Child Support Lawyers in Chicago, IL

UPDATE: As of January 1, 2016, Illinois law regarding child support and child custody have changed significantly. The updated version of this page is available here.

In Illinois, the Marriage and Dissolution of Marriage Act provides minimum guidelines for the court to follow in setting child support based upon the payor’s net (after tax) income. Whether you will be the recipient of child support or will be paying child support, retaining a law firm to determine how the Illinois statutory and case law can influence the amount of support and related expenses is very important to the success of your case.

The Kane County child support attorneys at Motta & Motta LLC know the right questions to ask, the relevant documents to present and the precise methodology to determine how much you should be paying or receiving in child support and related expenses.

Illinois and Guideline Based Child Support

Child support will typically remain in effect until a child reaches 18 or graduates from high school, whichever occurs last.

Typically, the payer of child support is a W-2 employee with an established, consistent income in which guideline based support will apply. However, many parents receive overtime or commission, creating a widely fluctuating payment schedule. In addition, the statutory guidelines are affected by numerous deductions and other factors such as:

  • A self employed non custodial parent.
  • Substantial non employment derived income
  • Unreimbursed business expenses.
  • Taxes and medical insurance.
  • Special needs or disabled children.

Payors of child support need to ensure that their child support computation is accurate. If they are required to pay too much because of an attorney who erroneously forgot to include a necessary deduction, the ability to support one’s child may be affected by the livelihood of the payor’s capacity to pay.

On the other hand, is the payer including deductions that he or she is not entitled to, thereby creating a burden on the custodial parent? Regardless of whether you are paying or receiving child support, the Kane County child support attorneys at Motta & Motta, LLC understand each nuance. We can identify errors, correct miscalculations and structure complex matters to work for both parents.

Factors that Contribute to Amount of Child Support

Has the previously entered child support order become outdated due to a substantial change in circumstances? Has the payor’s income changed, or has the cost to support the child increased for the custodial parent?

Contesting unfair or outdated child support orders after your divorce is critical, because specific procedures must be followed in order to modify support and minimize costly arrearages. This can often be done amicably by an agreement with the parties. If, however, court intervention is required, you can be confident that we will identify and raise all relevant factors that benefit your side.

In exceptional circumstances, the courts can deviate upward or downward from the statutory guidelines. In deviation cases, evidence must be presented to the Judge so that he can make a specific finding as to why a deviation from the guidelines is in the child’s best interest.

Additional Child Support Obligations

In addition to the above child support, the payor parent may be ordered to contribute financially to health insurance, daycare expenses, educational expenses, and even extracurricular expenses.

Speak to an Experience Child Support Lawyer Today

Every case is different and many factors are considered in setting support obligations. At Motta & Motta LLC, we have significant experience in child support proceedings, including establishing income for support calculation purposes.

Fill out the form to receive your free case evaluation and one of our team members will be in touch with you as soon as possible.

If you need to speak with an attorney now, please give us a call at our Chicago or Aurora, IL office to discuss the specifics of your case and what courses of action may be available to you.

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