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Category Archives: Child Support

Illinois child support lawyersParents who receive child support often rely on it to ensure their child’s needs are met. What happens, though, if the paying parent falls behind or refuses to make their payments? Besides placing a financial strain on the receiving parent, and potentially the child as well, the paying parent then becomes delinquent on their support. If that support is paid under an existing order with the courts, the receiving parent also has recourse for pursuing their overdue support. Learn more, including when the assistance of an experienced family law attorney may be necessary.

Determining How Much Support is Owed

Before pursuing overdue child support, a receiving parent is encouraged to first determine how much support is owed. If the payments are made through the State Disbursement Unit (SDU), the parent can request payment records directly from SDU. Parents who receive their payments directly through the courts can request such records from the circuit clerk. If payments are made directly to the receiving parent, they must bear the burden of proof in court, meaning they must supply the court with evidence that proves the child support payments were never made.

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Illinois child support enforcement lawyersWhile most parents will go to considerable lengths to ensure their child has everything they need, there are those who seem to think of their financial obligations as voluntary. Maybe they simply want to punish the parent who receives support and does not care that it is also harming the child, or perhaps they consider their wants more important. Either way, the failure to pay court-ordered child support can have dire consequences, both for the receiving parent and the child. Thankfully, there are some strategies that you can employ to collect your arrears. Learn more, including how an experienced attorney can assist, with help from the following information.

Garnishments and Property Liens

When an obligated parent has the funds or assets to pay their arrears but refuses to do so, receiving parents can seek a wage garnishment or a lien on any property that the obligor owns. If the parent does not have any wages and is collecting unemployment, the receiving parent may request that child support be withheld from their unemployment benefits. One can also attempt to have the obligor’s tax refund intercepted if they owe arrears. Alternatively, if the parent does not have any real property but has a substantial amount in their retirement benefits, the receiving parent may seek an order to have the funds pulled from the retirement account with a Qualified Domestic Relations Order (QDRO).

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Illinois child support lawyersIllinois has been using the percentage shares model to calculate child support since 1984, but that changed on July 1, 2017. Now the state uses an income shares model, which places it on par with most other states in the U.S. Another notable change to the law is the inclusion of a shared parenting provision, which may impact a parent’s child support obligation. Learn more about this provision, including how to determine if a modification to your current order may be warranted.

An Overview of the New Income Shares Model

Unlike the old child support model, which calculated child support based on the income of the paying parent and the number of children shared between parents, the new income shares model calculates child support based on the cost of raising a child (based on data from the Bureau of Labor Statistics). It also examines the income of the parents and then determines what percentage of child-rearing costs each should be responsible for paying. Spousal support is also factored into the formula now, which may impact those receiving both spousal and child support.

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child support order, child support payments, pay child support, failure to pay child support, DuPage County child support attorneysIn Illinois, the law places an obligation on both parents to support their children. After a thorough review of the finances, a court will determine how much one parent must pay the other in monthly child support.

The goal of child support, according to Illinois law, is to provide funds “reasonable and necessary for the support of the child, without regard to marital misconduct.” Under the law, parents have a duty to pay for the educational, physical, mental, and emotional health needs of the child.

There are standard child support guidelines in the law, and a court may deviate from the guidelines based on the child’s needs or the parent’s ability to pay. For example, it is likely that a court will order that the child’s standard of living, had the parents not divorced, be maintained.

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child support calculations, DuPage County child support lawyer, income sharing model, child support order, child support modificationThe way in which child support is calculated in Illinois is about to undergo a massive evolution this July 2017. For the first time in Illinois, the state is moving towards an “income sharing” model—a model that is used by various other states.

Under current Illinois law, the method of calculating child support is to use a fixed percentage of a nonresidential parent's net income. For example, if there is one child in a household, the court would calculate 20 percent of his or her parent's net income to determine what he or she is obligated to pay for child support.

How Are the Calculations Different?

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Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, 7th Floor,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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