Thumbs Up Thumbs Down
Share Your Experience
X

Tag Archives: child support

Illinois child support lawyersUnder Illinois state law, children are entitled to financial support from both their biological parents, regardless of whether the parents were ever married. However, that support is not unlimited. Instead, the state has a specific formula that is used to determine what a paying parent’s support obligation should be. Learn more about the way that child support is calculated, and discover how to determine when the aid of an experienced attorney may be beneficial for parents who are engaged in an Illinois child support case.

Is Child Support Owed?

Before an order for child support can be entered, the courts must first determine if support is owed. This starts with establishing parenthood over the child. In a marriage, this is presumed for both the mother and the father. If the parents were never married, the mother is usually presumed to be one biological parent, but the father must either acknowledge paternity, or they must request a paternity test to verify that they are the child’s biological parent. From there, the courts will examine other factors, such as the income of both parents and the amount of time that each parent spends with the child, to determine the amount of support that may be owed.

Continue reading

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.

Continue reading

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).

Continue reading

DuPage County divorce attorneys, unallocated child supportChild support and spousal maintenance are two of many considerations in an Illinois divorce, and the financial obligations included in a final decree will vary based upon the unique circumstances of the parties involved. When a divorcing couple can agree to certain support issues, there are tax benefits that the couple can take advantage of by structuring payments in a certain way. An arrangement termed “unallocated” child support is attractive to both parties. Speak with an Illinois divorce attorney with experience in tax matters to see if it is an option for you.

Default Rules on Spousal and Child Support

Spousal support, commonly termed alimony, is paid by the spouse in a higher income bracket to the individual with a lower income; the intent behind spousal support is to ensure that person enjoys a similar lifestyle after the divorce as compared to when the couple shared a household. Under federal law, the payor spouse can deduct alimony payments when filing individual income tax returns. However, child support falls under a different set of tax laws and is not deductible from the payor parent’s income taxes.

Continue reading

DuPage County family law attorneys, child supportParents must stick to a court’s order on child support—an order which is intended to cover the costs of basic necessities. However, there is more to a child’s life than food, shelter, and clothing.

Under Illinois law, a judge has the discretion to include additional expenditures in the amount of child support if doing so is in the child’s best interests and is equitable between the parents. Not all costs will qualify for an additional financial stipend above and beyond the basic obligations, so discuss your options with a knowledgeable child support attorney.

Qualifying Expenses

Continue reading
Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
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
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
Contact us
Chat Us Text Us