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Child Support

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Brinkmeier Law

Chicago Child Support Lawyer

Child support is a fairly straightforward matter in most Illinois divorce cases in that a noncustodial parent or parent who has less than 50 percent of child custody will pay a percentage of their net wages to the other parent. While child support is certainly intended to cover the basic necessities a child needs, there are several factors that can lead to deviations from Illinois guidelines and allow for modifications of payments.

Brinkmeier Law, LLC represents both parents who are seeking child support and being asked to pay child support, and we know how to help clients get outcomes that allow them to breathe a little easier. Our firm handles child support cases throughout Cook County, DuPage County, Will County, Lake County, and McHenry County.

Illinois Child Support Laws

Title 750 Illinois Compiled Statute (ILCS) 5/505 is the state child support law, and Illinois was using a model called percentage of obligor net income that assumed that child bearing costs were to be shared between parents and assesses a percentage of a non-residential parent’s net income as the support to be paid to the parent or guardian residing with the child or children. Percentages were based on the number of children being supported.

The Child Support Advisory Committee recommended that Illinois replace the percentage of obligor income model with an income shares model. Under the new Illinois child support law, both parents’ incomes will be considered in calculating child support as follows:

  • Determining both parent’s net incomes by running their gross incomes through a gross to net conversion chart
  • Combining both parents’ net incomes to determine the combined net income
  • Determining what percentages of the combined net income is represented by each parent’s net incomes
  • Determining the basic child support obligation by plugging the combined net income into an income shares chart
  • Multiplying the resulting number with the percentages for each parent.

The resulting numbers will be each parent’s child support obligations. The Illinois Department of Healthcare and Family Services offers an Illinois Child Support Estimator that lets people estimate the amount of child support payments based on the number of children, parenting time, income, and spousal maintenance considerations.

Common Child Support Issues

Child support cases always have the potential to involve complicating factors. Some of the most common kinds of expenses that are unforeseen include educational and extracurricular expenses for a child, health insurance premiums, medical expenses, and other childcare expenses.

Child support can always be modified in Illinois, provided that one parent has experienced what is known as a substantial change in circumstances. Substantial changes are usually relating to employment with one parent losing a job, but other circumstances may include certain increases in a child’s expenses.

Changes to parenting time agreements could also impact child support, such as when one parent gets at least 146 overnight visits a year with a child.

Call Us Today to Schedule a Free Consultation with Our Illinois Child Support Attorney

Are you seeking child support or being asked to pay child support and feel that your former spouse is not complying with state law in Illinois? You are going to want to get yourself legal representation and Brinkmeier Law, LLC, can immediately become your voice in these important legal matters.

Our firm knows how important child support payments can be to every parent, and we work closely with our clients to help them find the solutions that make life easier moving forward. Call (312) 291-4486 or contact us online to set up a free consultation with our Illinois child support attorney.

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