Prime Law Group’s knowledge and experience in the fields of divorce and child support has allowed them to guide countless families through the emotionally charged process of determining and modifying child support payments. Prime Law Group understands that child support can be a sensitive issue. We provide dedicated and thoughtful advocacy to help you obtain the financial support that your child deserves.
Establishing Child Support
If you are currently going through a divorce or paternity determination for your minor child, the awarding of child support is an integral part of these processes. Under Illinois law, both parents are required to provide support for their children. This is done in order to ensure that a child’s basic needs are met and to allow the child to benefit from the monetary resources of the parent. For these reasons, child support is the right of the child, not the parents.
In Illinois, any parent who resides in the state may petition the Illinois courts for child support, or request support during a divorce or paternity case. The amount of child support to be received is based on child support guidelines provided within the Illinois statutes. These guidelines consider numerous factors in calculating child support, including:
- Number of children
- Combined net monthly income of the parents
- Cost of daycare
- Health insurance requirements for the child
- Number of nights each parent spends with the child based on the parenting plan
Where it is reasonably possible, a Illinois court will require parents to provide medical and dental insurance for their children. Additionally, life insurance may be required in an amount commensurate to the amount of child support owed.
If a parent is voluntarily unemployed or underemployed, Illinois courts may chose whether to impute income to the parent based on recent work history and prevailing earning levels. They may decline to do so where it appears necessary for the parent to stay home with the child.
Parents can seek modifications of a prior child support award when it is based on a showing of a substantial, permanent, and unanticipated change in circumstances. This can include:
- Loss of a job
- Termination of daycare or childcare
- Substantial increase or decrease in income (15% or greater)
A request for modification of child support should be filed with the court immediately if any of these circumstances arise. This is because modification is effective only from the date of filing onwards – it does not apply to child support owed prior to the filing. If you have had a recent significant change in circumstances that you believe merits modification of child support, you should contact an experienced Illinois family law attorney immediately.
Enforcing A Child Support Award
When one parent fails to make required child support payments, there are several options available for enforcement of a child support award. A court may hold the parent in contempt, suspend the parent’s driver’s license, or place a lien on the parent’s property.
Additionally, when timely child support payments are not made, the court may make a judgment that allows interest to accrue on overdue payments. Child support payments are also enforceable at any time, even after a child reaches 18, because there is no statute of limitations on enforcement.
If you have not received child support payments that your children are entitled to, or believe that you may have difficulty making a child support payment, you should talk to a lawyer to determine what options are available to you.
Successfully Addressing Your Child Support Issues
At Prime Law Group, we understand the complexities involved in determining and obtaining child support and will work to assist you through this process. As a leading and trusted McHenry County divorce lawyer, Prime Law Group is dedicated to representing the interests of you and your child so that your children obtain the support they deserve. If you are facing the prospect of a contentious divorce or concerned about your child support obligations, we are here to help you. Call 815-338-2040 for a confidential consultation or contact us online.
Let our experience be your guide