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Tag Archives: child support

Wheaton paternity lawyersWhen a baby’s parents are married at the time of birth, both are presumed to be biologically related to the child, and each parent automatically reaps the benefits of parentage. Such is not the case when the baby’s parents are unwed at the time of birth. In this situation, the child’s biological tie to the mother is assumed, but their biological tie to the father must be legally established. 

Why go through this extra trouble, especially if you are living together and plan for it to remain that way? What if you are no longer together but have an amicable co-parenting relationship and a standing co-parenting agreement in place? Even in these situations (and others), the legal establishment of paternity is highly recommended. Learn more about the benefits of completing this process, and discover how a seasoned family law attorney can assist you while trying to navigate your way through it. 

How Paternity is Established in Illinois

In the state of Illinois, paternity is legally established in one of three ways: 

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Illinois child support attorneysIllinois law states that children have the right to emotional and financial support from both of its biological parents, and it protects those rights through different measures. Child support is one of the more commonly known and discussed, yet obligors are often confused about where their responsibility ends and begins. Moreover, they are not always informed of their rights, such as the right to request a modification if a significant change in circumstances occurs. 

When Can an Obligor Request a Modification to Child Support? 

When child support orders are established, the income of each biological parent is used in the calculations, as are the specific needs of the child (i.e. children with special needs, etc.). The time that each parent spends with the child may have been used as well, but such considerations have only recently become commonplace. If a substantial change has occurred in any of these areas - the income of the biological parents, the child’s needs, or the amount of time that each parent spends with the child - then either parent may request a modification to their order of support.

Since changes are meant to benefit the child, not the parents, some modifications could result in an increase in a non-custodial parent’s child support obligation. For example, if a child needs braces, the receiving parent may petition the courts to obtain additional support from the obligor. 

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Illinois family law attorneysWhen parents go through a divorce, they must determine how to divide the cost and responsibilities associated with raising their child(ren). Child support is sometimes awarded to the parent with the most time with the child, but even still, there may be added expenses not covered by the supporting parent’s legal child support obligation. Learn how you can determine who should cover child-related expenses after your Illinois divorce, and discover how a seasoned family law attorney can assist you with the entire process. 

Child Support in Illinois - Understanding the Obligation 

Under state law, children have the right to receive emotional and financial support from both of their parents. Child support helps to ensure that financial need is met. However, not all parents are obligated to pay. Instead, the state uses the income of both parents, the average cost of raising a child, and the amount of parenting time awarded to each parent in order to determine how much support (if any) is owed. 

Extra expenses, such as healthcare costs, fees for extracurricular activities, and special equipment for a special needs’ child may be added in when calculating the amount of support that is owed, but parents do not always request to have them added. There may also be other child-related expenses that are not considered to be a part of the calculation. For example, parents may verbally agree to split the cost of back-to-school clothing and supplies, but this agreement may not be included in the divorce decree or child support order. College savings may not be included in the calculation either (even if there is an existing account that must be divided between the married parties), so parents may have to come to an agreement outside of court to ensure their child has the money they need to complete their education. 

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Illinois child support enforcement lawyersChildren are entitled to emotional and financial support from both parents. When the parents do not live together, financial support typically comes through the payment of child support - but what happens when the paying parent refuses to comply with an order for support? The following information explains how you can enforce delinquent child support payments with the help of a seasoned family law attorney. 

Establishing Proof of Unpaid Support

Before a receiving parent can enforce an order for support, they must first provide proof that the support has gone unpaid. If the payments are made through the Illinois State Disbursement Unit (SDU), the receiving parent can ask the SDU for a record of payments that have been made along with the amount that the paying parent still owes. It is important that receiving parents compare their own records to those of the SDU, however, as they are not always accurate. If payments are made through the circuit clerk’s office, the parent can ask the office for this same information. (Again, it is important to compare records.) Parents who receive payments directly may experience more difficulty in obtaining proof of unpaid payments, as they are the only ones who have a record of the payments made. Thankfully, an attorney can help you with the process. 

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Wheaton divorce lawyersWhen one party is severely disadvantaged in a broken marriage, it can feel like an excuse to stay. Yet, unbeknownst to some, it is not necessary to do this. Instead, it may be possible for a party to obtain child support and/or alimony before a divorce has been completely finalized. Learn more in the following sections, including how to go about the process, and discover how a seasoned divorce attorney can assist and improve the outcome of your case. 

Are You Eligible for Alimony or Child Support?

Not all parties are eligible for alimony or child support in a divorce. In fact, alimony is becoming less common in divorce, and some recent changes to Illinois’ child support laws have created situations in which neither parent pays support (i.e. parents have near equal income and near equal parenting time). However, if you are disadvantaged in your marriage - perhaps because of a health condition or because you stayed home to raise your children - you may be eligible for alimony, child support, or perhaps even both.

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
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.
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