The Best Child Support Lawyers in Illinois

Changes in Illinois Child Support Laws

In 2017, a new law took effect in the state of Illinois that made some substantial alterations to how child support is determined. Previously, the courts calculated the amount of child support a non-custodial parent owed using a percentage of that parent’s income based on the number of children involved. For example, the law used to mandate that if a non-custodial parent had one child, then the percentage of their income owed to child support would be 20%.

Income Sharing Model

Under the current laws, this percentage model is no longer used. Instead, an income sharing model is employed, and child support is based on the combined net income earned by the parents and the number of children the parents share. The new law is aimed at better addressing the needs of the child rather than using a static indicator to determine what the non-custodial parent should contribute to the best interest of the child.

The court will weigh several factors that the Illinois Department of Healthcare and Family Services have determined are in the best interest of the child. These factors include but are not limited to:

• The financial needs of the custodial parent;
• The financial needs of the children;
• The financial needs of the non-custodial parent;
• The established standard of living of the children;
• Any physical and emotional special needs of the children; and
• The educational needs of the children; including college expenses.

At the bottom of this page, we give you a brief history of the laws regarding child support in the state of Illinois. Keep reading to understand our views on the subject and how we can help.

What Considerations Are Made In Setting Child Support?

Section 505 of the IMDMA addresses child support in two ways.

The guidelines set forth that the amount of child support depends on the ability of parents to pay. This is an essential and critical factor. The courts will look at the income of the parents in determining the amount.

The exchange of Financial Affidavits will be very important in the case. This exchange is a part of the discovery process in a case. Discovery is the exchange of legal documents and questions that a person must legally answer are all used to help determine appropriate amounts of income and payments to be made.

The second way that child support is addressed within the IMDMA is through Section 505 (a)(2)(b). This section addresses the financial resources and the needs of the parents. Every parent must be able to live reasonably.

How Is Child Support Determined in Illinois?

Unless the parents have approximately equal custody time with the children and make roughly the same amount of money, one parent will typically pay child support to the other. The parent who does not have the children most of the time generally pays support to the parent with more custody time.

Illinois Child support guidelines are based on the parent's gross or net income (each state has a different guideline) and consider many different factors, such as daycare and medical costs. Parents must often provide tax records and payroll stubs to correctly calculate the amount.

It can feel overwhelming to make the calculation yourself — primarily because so much depends on getting things exactly right. We take on the responsibility for our clients. Our law firm represents parents who need child support matters determined as part of a divorce or paternity proceeding, as well as parents seeking to modify or enforce an existing child support order. We will also help you understand the tax ramifications, as only one parent can claim the children as dependents.

Speaking to the family law attorneys at Chicago Family Attorneys, L.L.C. can make a big difference in how you understand the court process. Often, individuals are afraid to speak to a family law practice because of their inexperience with lawyers. Our law firm and its attorneys are dedicated to explaining each aspect of your case during your consultation.

Our child support attorneys believe that every person should understand their rights and the requirements that are set forth by the court. Call a knowledgeable and well-qualified family lawyer at our firm to learn what rights you have.

Each consultation is worth the time and money that you invest. It is important to work with a family lawyer or a child support lawyer who understands the process and can explain the process.

Modification of Child Support

Child support modification is a difficult practice area of Illinois law that demands an experienced attorney's skill and knowledge. Once child support is established, it is important for both parents to follow the guidelines set out in any court order, regardless of whether they are divorced or unmarried. If an order is not followed, a parent may be held in contempt and face serious legal consequences. Our firm can help modify an existing order if a parent's circumstances have changed significantly.

750 ILCS 5/510 (a) of the Illinois Marriage and Dissolution of Marriage Act (I.M.D.M.A.) sets forth the guidelines in which provisions of a judgment respecting child support may be modified.

Generally, for child support to be modified, several different elements of the law must be met. Once a petition for modification of child support has been presented, one of the court’s biggest considerations is whether or not there has been a substantial material change in circumstances that have occurred since the entry of the original child support judgment which would allow the court to modify the existing award of child support.

In re Marriage of Scott is an Illinois case that has helped establish a two-pronged test on whether there has been a substantial change in circumstances for child support. The Illinois courts have found that for an increase in child support to be made, there must be a finding that there is an increased financial need of the children involved in the case and that the income of the other party has increased.

After the two-pronged test for a substantial change of circumstances has been met, there is a standard outlined in child support matters that the current income share guidelines must be used to determine the appropriate required child support payments. That ultimately means that the original underlying lawsuit's previous income shares and percentages will not be considered.

Illinois Appellate courts have found that original awards of child support and child support modification awards are left up to the sole discretion of the trial court. Usually, the only way that a child support modification or child support order can be overturned, reversed, or modified is through the original trial court. However, if there is reason to believe that the original trial court has abused its discretion, the Illinois Appellate Court may reverse the original judgment.

To change the terms of your child support order, you must go through the court system to ensure that the changes are appropriate and legally enforceable. We can guide you through the process every step of the way.

We have the best child support attorneys in Illinois. Our attorneys are well-versed in all aspects of Illinois family law. Call us today at (312) 210-9614 or book an appointment online to speak with a licensed attorney regarding your matter.

Who Can Seek Child Support Modification?

Either parent can file for child support modification. Usually, a child’s primary custodial parent is the parent that will request a modification, but modification can also occur when one parent could potentially be overpaying for the needs and necessity of a child. Although it is rare, a non-custodial parent may be able to request that modification occur as well.

Child Support Enforcement

Often, we meet parents that inform our attorneys that they are not able to pay for our services to enforce child support orders. We have great news for you. If you cannot afford an attorney to enforce your child support order, we can attempt to reimburse you for legal costs by requesting that the other parent pay for your legal fees. This is not a guarantee, but it will assist in offsetting the amount of legal fees paid.

After a judgment for child support has been entered, both parents are required to abide by the court order. When one parent fails to pay the other for child support, the parent that has failed to pay is in violation of the court order and a Petition for Rule to Show Cause can be filed against the other parent. A Petition for Rule to Show Cause is

A Petition for Rule to Show Cause can be used in the following family law matters:

• Child Support
• Divorce Judgments
• Marital Settlement Agreements
• Parenting Plans
• Joint Parenting Agreements

A Petition for Rule to Show Cause is a vital legal tool that is used when one person believes that another person has violated a court order. After hearing testimony on the Petition for Rule to Show Cause, the court will then decide on whether a Rule should be issued against the alleged violating party.

If the judge finds that there is a valid reason to issue the Rule to Show Cause, the judge will require that the alleged violating party appear in court and explain why they should not be found in contempt.

If it is found that a person has failed to comply with an entered order of the Court and the person has failed to comply without good reason, the judge may find an individual in contempt. There are several things that a judge can do after a party has been found in contempt:

• Order the violating parent to make a lump sum payment for support by a certain date;
• Order the violating parent to pay the other parent’s legal fees;
• Sentence the violating parent to be placed on probation;
• Sentence the violating parent to jail time of up to six months;

We are the best local child support attorneys in Illinois, and clients highly recommend us. Child Support Enforcement is a practice area of the law that our top-rated child support attorneys are ready to litigate.

Calling a top-rated family law lawyer at Chicago Family Attorneys, L.L.C. is your best choice. Our legal advice keeps our clients protected and happy. You can visit our law office in downtown Chicago or complete a consultation over the phone.

Child support services through the State of Illinois can only offer limited representation. We believe that hiring private attorneys outside of a state-sponsored child support program will work for the benefit of every person seeking assistance. Call us today to learn how our local child support attorneys can assist you.

Contempt of Court

When an individual fails to pay their child support or fails to comply with a court order, it is important for them to understand what contempt means and what the repercussions are.

Contempt of court is considered to be either indirect or direct in Illinois.

Direct contempt of court can be considered either criminal or civil. Illinois courts give broad discretion to the trial courts on the matter of contempt. Usually, if the behavior by the wrongful party is well known to a judge and there is enough evidence to establish that the acts are more likely than not willful in nature, a judge can find a person in direct contempt. Direct contempt usually occurs in front of a judge.

Indirect contempt of court is an act that occurs outside of the presence of a judge or court, that requires testimony or proof of the offense. Judges are not allowed to impose a sentence immediately for indirect contempt of court. Instead of imposing an immediate sentence, each alleged person is entitled to a bench trial, and they are not entitled to a jury trial.

Usually, the difference between criminal contempt and civil contempt in Illinois is Contempt of court and a Petition for Rule to Show Cause is one of the most effective ways for individuals to gain enforcement of judgments and temporary orders in family law.

Paternity and Child Support

When a child is born as the product of a marriage, the husband is legally considered to be the child's father. If the parents of a child are not married when the child is born, paternity must be established for the child to have access to benefits including child support, health insurance, and veterans benefits, among others. The father's name will be added to the child's birth certificate, which can be a starting point for building a legal parent-child relationship between father and child.

Child Support is not just one legal issue. It is a legal issue that focuses on parentage (child custody), paternity, divorce, and potentially domestic violence. These family court issues can be combined into one case that should be considered in setting child support.

Can An Unemployed Parent Be Forced to Seek Employment?

Under Illinois law, a parent can force an unemployed or underemployed parent to seek employment through the court system. Court proceedings are often

When one parent is capable of having their income increase, or they have purposefully taken a job that has a lower salary, the court will consider this and may force an individual who is unemployed or underemployed to gain employment or additional income to pay the amount of child support that has been allocated to them.

If an individual is incarcerated or currently in jail, that may become a factor in child support suspension. Whether or not child support should be suspended is solely left up to the trial court.

750 ILCS 5/505 (a)(3.3) of the I.M.D.M.A. states that there is a presumption that a minimum of $40 a month should be paid. However, if a person is incarcerated, medically ill, or something else prevents a parent from being able to have income, that is a factor, there is a reasonable presumption that the $40 per month minimum support order should not be allowed and a zero-dollar court order for child support can be entered.

What Happens If A Parent is Unemployed Or Underemployed On Purpose?

Parents may become unemployed or have a lowered salary when switching jobs. Issues arise like this more often than people think.

If a parent is choosing to become unemployed or chooses to take a job that has a reduced salary, the child support payments are calculated based upon potential income. This topic can become highly debated in court. The court will look at employment potential and probable earnings based on a parent’s work history, qualifications, job opportunities, and the ownership of substantial non-income producing assets.

If I Agree To Child Support Do I Have Visitation or Custody Rights?

Many individuals think that being placed on child support automatically gives you automatic custodial rights (Child Custody/Parentage) or visitation rights (Visitation). Automatic custodial rights based on child support are a myth. In no way does child support give you custodial rights unless a court order allows custodial rights as well. It does not automatically give you rights to see your child and it does not automatically give you any custodial rights.

Our law firm believes that it does help to be placed on child support at times, BUT only under certain conditions.

1. The child support you are placed on must reflect the child's needs at the time of the request for child support.
2. The child support payments should be fair and equal based on the custodial parent’s income is or what the custodial parent’s imputed income is.
3. Child support should be fair and equal based upon the time that you spend with your child as a custodial parent.

These are factors to be considered when discussing child support and child support payments. We receive many phone calls and consultations from people who believe that it is easier to agree to child support without a court order and that paying without going to court is less costly.

Our attorneys advise most clients against paying child support without a court order. Our policy is to look at the financial affidavits of both parties and calculate the true amount that must be paid.

The best way to decide whether or not you should fight on the issue of child support is to call a licensed attorney and request a consultation. Depending upon the child's age, the demands of the other parent, your income, and the outlook of settlement, these are all factors to consider when determining whether to hire an attorney for your child support case.

Here is an example:

A parent with a newborn child may be requested to pay child support at $800 a month. More than likely, a child with a higher set amount at an early age will not need $800 a month if both parents spend equal time co-parenting.

As a child gets older, the costs of the child tend to rise, and child support may be requested to increase. If a parent continues down this path of overpaying, the costs could rise significantly over time. If a parent is overpaying by several hundred dollars for 18 years, that total might come to $64,800 or more that they are overpaying.

If the cost of an attorney to fix the child support would be anywhere from $2000 to $6,000 total for a case and the attorney settles the child support matter within a few months or a year, the total amount saved would be close to $58,800 a year.

Although this is an example, we see many cases like this. Please call our office or email us to set up a consultation with a licensed attorney. Our law firm is one of the best family law firms in Chicago. We understand that the cost of living is hard for parents and that any arguments in court focusing on increased or decreased child support are essential to parents.

Call our top-rated child support lawyers to learn more about your rights

Take the first step forward today and get in touch with our firm. We are here to talk you through all the issues related to your child support, paternity, or other family law case, and we work hard to ensure that your voice is heard.

To schedule a consultation with the best child support attorneys in Illinois, please call us at (312) 210-9614 or email us at info@chiattorney.com. Call the law firm of Chicago Family Attorneys, L.L.C. where the lawyers are known as the "Child Support Illinois Attorneys".

Frequently Asked Questions:

When a child support modification is requested, does it stop child support while the case is in court?
No, it does not stop child support while a modification case is ongoing. 750 ILCS 5/510 states that a petition to modify child support, terminate child support, or a petition for parental responsibilities, including parenting time, will not delay child support enforcement.

Who are the top attorneys for a child custody and child support case?
Chicago Family Attorneys, LLC has the best child support and child custody attorneys in Chicago. We focus on every aspect of families and know how many child custody and child support cases are. We have families of our own.

We believe that we work harder than any law firm so we can focus on clients and their families.

Can I request temporary child support as the child support case is ongoing?
Yes, after an exchange of financial affidavits, our law firm can request that you start receiving child support in a case even if the case is still ongoing.

Can I get the other parent to pay for the cost of an attorney?
The answer is yes if the circumstances fit the law. It is important to remember that each case is different and there are many factors in each case. If you have been married and the child support case involves children from the marriage, it is possible to have the other party pay for the costs of the child support case.

Another way the other person may pay a child support case is if the other parent has not paid the required child support. If you are suing to enforce a child support order, it is possible to have the other party pay for your attorney fees, but you will more than likely not be able to seek reimbursement of those costs until the end of the case or at a hearing.

Repayment of child support cases does not usually occur until a later point in time. This could range from one month to several months. All this is ultimately up to the attorney you speak with at our law firm and what arrangements we can make.

If I adopted a child, do I have to pay child support?
If you are an individual who has adopted another parent’s child, you step into the role of a parent. That means you are legally required to support the child from the day you sign the legal documents to become a parent.

If you are a parent that has adopted a child and has filed for divorce or you have filed a legal separation, you may have to pay child support depending upon who has the primary custodial rights over the adopted child. Child support is a specific practice area that attorneys should be well versed in.

If my child was adopted, do I have to pay child support to the adoptive parents?
When a biological parent has a child adopted by another family, their parental rights and responsibilities are terminated. Since the rights and responsibilities are terminated, their requirement to pay child support is also terminated. It is important for every client to remember that each case is different, and laws change. That is why it is important to reach out to Illinois's best child support attorneys at Chicago Family Attorneys, L.L.C.