Factors That Contribute To Amount Of Child Support
Has the previously entered child support order become outdated due to a substantial change in circumstances? Has the payors income changed, or has the cost to support the child increased for the custodial parent?
Contesting unfair or outdated child support orders after your divorce is critical, because specific procedures must be followed in order to modify support and minimize costly arrearages. This can often be done amicably by an agreement with the parties. If, however, court intervention is required, you can be confident that we will identify and raise all relevant factors that benefit your side.
In exceptional circumstances, the courts can deviate upward or downward from the statutory guidelines. In deviation cases, evidence must be presented to the Judge so that he can make a specific finding as to why a deviation from the guidelines is in the childs best interest.
Q: Can The Amount Of Support Be Modified
A: Yes, but only under certain circumstances and with approval from the court. The party seeking the change must be able to establish a substantial change in circumstances to warrant the modification. The other party may provide his/her own argument opposing the modification. If both parties agree to the modification, the judge must still approve it in order for it to be enforceable. Examples of circumstances that generally justify a modification include changes in either parent’s income and an increase in the cost of living.
When To Hire A Lawyer
It is in your best interest to get legal help early on in addressing your situation. There are times when hiring a lawyer quickly is critical to your case, such as if you are charged with a crime. It may also be in your best interest to have a lawyer review the fine print before signing legal documents. A lawyer can also help you get the compensation you deserve if youve suffered a serious injury. For issues where money or property is at stake, having a lawyer guide you through the complexities of the legal system can save you time, hassle, and possibly a lot of grief in the long run.
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Experienced Counsel Every Step Of The Way
From the initial determination of child support, to post-judgment changes, we can help. We will stand by your side, working hard to get the support you need to raise your child.
Our lawyers are strong believers in providing their clients with personal attention. We will not pass off cases to paralegals or a less experienced attorney.
Child Support Lawyers In Chicago Il
UPDATE: As of January 1, 2016, Illinois law regarding child support and child custody have changed significantly. The updated version of this page is available here.
In Illinois, the Marriage and Dissolution of Marriage Act provides minimum guidelines for the court to follow in setting child support based upon the payors net income. Whether you will be the recipient of child support or will be paying child support, retaining a law firm to determine how the Illinois statutory and case law can influence the amount of support and related expenses is very important to the success of your case.
The Kane County child support attorneys at Motta & Motta LLC know the right questions to ask, the relevant documents to present and the precise methodology to determine how much you should be paying or receiving in child support and related expenses.
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Illinois State Disbursement Unit
The Illinois State Disbursement Unit is the state processing center for all Illinois child support payments.
The ILSDU issues checks or direct deposits to the parent receiving the child support payments by automatically taking it from the non-custodial parents account each month. The accounts are most commonly paychecks for W2 employees or checking accounts for small business owners. Since the money is automatically taken out before the non-custodial parent receives his or her paycheck, there is no discrepancy in the amount or late ILSDU payments.
If you have any questions as to what jurisdiction your county falls under, please consult a Chicago child support attorney.
We Work Closely With You For All Family Law Issues
We represent clients in dissolution of marriage cases involving all issues with a concentration on complex cases involving contested custody, business valuation, and third party actions. We have many years of experience not only settling complex dissolution of marriage matters but pursuing our clients rights through contested trials involving expert witnesses including custody evaluators, guardians ad litem, and forensic accountants. We have extensive experience and knowledge as it relates to business valuations, income analysis, as well as working with forensic accountants. Family law is not all dissolution proceedings. We also represent clients in adoption, paternity cases, child support, guardianship, grandparent custody and visitation, orders of protection, and proceedings before the Illinois Department of Children and Family Services. Our office works in a team approach in order to provide you the support you need during this litigation as well as providing aggressive representation.
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Chicago Family Law Attorney
At John Buchmiller & Associates, we know that family law issues are one of the most challenging and emotionally charged situations a person can face. That is why we focus on not only getting the best possible results for you in court, but in helping you to develop a plan for what your new life will be like.
There are a lot of questions and uncertainties when dealing with issues like divorce. We want to help eliminate those feelings of confusion so that you can move forward with confidence and a plan for a better future.
Call John Buchmiller & Associates today at for a Free Conslutation!
Chicago Attorney Efficiently Resolves Family Law Problems In Cook Lake And Dupage Counties
Many people have questions about their divorce or paternity cases: Who will win have primary decision-making responsibilities of my children? Can I have parenting time fifty percent of the time? How will I survive financially? How much support will I pay or receive?
These are all important questions, answering these and other urgent inquiries require knowledgeable and experienced legal counsel. Annette Fernholz has decades of experience listening to clients, understanding their concerns, applying the law and developing a strategy for the best possible resolution.
Divorce and cases involving children are very stressful for parents and their children. You need skilled counsel to assist you in navigating these new changes in your life. In addition to parenting responsibilities and parenting time , we assist in establishing an equitable division of marital assets, including dividing investment and retirement accounts and valuing businesses. The firm can help clients deal with the division of marital debt, the consequences of bankruptcy including tax and mortgage liability, and we assist in establishing and maintaining child support payments.
We are adept at resolving cases through mediation and collaborative law if the case can be resolved through settlement. If not, we are successful with complicated and protracted litigation.
Contact Law Offices of Annette M. Fernholz, P.C. for a consultation at or send an e-mail.
Areas Served
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Questions To Ask A Child Support Lawyer
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It can be tough to know exactly what questions to ask an attorney about your child support situation. Here are some of the questions that you might want to ask a lawyer during your initial consultation:
- How does a change in a parent’s income affect child support?
- What options are available for child support enforcement?
- How difficult is it to change the child support amount or obtain a child support modification?
- How does custodial parent vs. non-custodial parent status affect support payments?
- Does alimony change the amount of child support I receive or pay?
- How can I be sure that child support payments cover daycare , health insurance and health care costs, special needs care and all of the other needs of the children?
Whether you need help enforcing a court order, changing the amount of child support you receive or pay, or have other child support needs, picking the right attorney can make a world of difference.
Enforce Child Support In Chicago
In some cases, the supporting parent may refuse to pay or continuously fail to pay child support to the custodial parent. Failure to remain current with a child support obligation can result in serious consequences for the non-paying party. Consequences of non-payment of child support may include a finding of contempt and penalties, which can include incarceration and payment of the other partys attorneys fees.
In these cases, the custodial parent may work with the Child Support Enforcement Division to enforce the child support order. Depending upon what county you live in, child support enforcement is either handled through the Attorney Generals Office or the States Attorneys Office. Cook County, DuPage County, DeKalb County, Kane County, and Lake County are all handled by the States Attorneys Office.
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Can Child Support Be Modified
The state of Illinois recognizes that circumstances change and you may need to pay or receive more or less child support as your childs needs change or your income fluctuates. Your divorce order will typically specify a two-year period of time before the payment amount may be revisited. The Law Offices of Michael P. Doman, Ltd. helps you understand how to increase or decrease child support when circumstances dictate.
If You Can No Longer Pay Child Support
Financial situations change. Life is impossible to predict, and you may find yourself facing difficult times, monetarily speaking, due to no fault of your own. Of course, you want to provide support to your child, but you must also be able to take care of yourself as well. Thankfully, you have the right to have your child support order modified if you have suffered a substantial change in circumstances.
During a modification proceeding, the court will consider the child support guidelines mentioned above, as well as any evidence you present that shows a change in your ability to make the payments. From there, they will decide whether the child support amount should be lowered or not. Although the decision will always rest with the court, you will have a high chance of succeeding if you work with a skilled attorney who will argue for your rights.
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What Can You Expect From A Child Support Lawyer
Before hiring your ideal lawyer, you need to understand the duties a child support lawyer performs and what you should expect from them. A child support lawyer has to make sure that you are paying only the appropriate amount of money as support to the child. He/she has to look into the aspects of the cost that lead to the total amount of child support.
The lawyer should be aware of the current childcare costs, education, daycare costs, and medical insurance costs, and many more. Only after knowing this, can they determine the right amount of money needed to pay as child support.
While hiring a lawyer in Chicago, you must make sure that they are aware of the current considerations required of child support in Chicago.
If your lawyer feels that the current child support amount paid by you is over the normal amount, they can suggest a modification and walk you through the procedures. They can make you aware of the right ways of modifying the state-ordered amount for child support.
A child support lawyer is your only savior when you have failed to pay a month or two of support. The court may slap you with strict actions on such cases, but a lawyer can defend your case with a legitimate agreement.
You can also reduce the amount of support with the help of your child support attorney. They can provide you with a proper plan of action that involves legitimate reasons that can convince the court about your financial status.
Protecting Your Rights In Skokie And Rolling Meadows
At the Law Offices of Curtis Bennett Ross, LLC, we realize that the formula for calculating a child support obligation will be used in a large percentage of divorce cases, but exceptions do apply. For example, if you and your spouse have a combined net income that exceeds the limits of the DHFS tables, the court has the authority to enter an order for child support that is equitable and in the child’s best interests. The same is true in any other situation in which the court deems that a deviation from the statutory formula is necessary. Our team will assist you in reviewing your situation and exploring the options that might be available to you. We will also ensure that your rights are fully protected every step of the way.
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Calculating Child Support In Chicago
Illinois generally calculates the final amount using a complex algebraic equation. However, every situation is unique. Your child support payments may be higher or lower depending on your individual circumstances.
Payment guidelines attempt to approximate how much a parent would theoretically spend on a child if the divorce did not occur. The amount of support is usually calculated based on the non-custodial parents income and ability to pay, the financial needs of the children, and the number of children requiring support. However, a support order must also take into account any special needs a child has.
Child Support From A Tax Perspective
Child support is not includible in the income of the receiving spouse, nor deductible from the income of the payer. However, when both alimony and child support payments are being made, it is possible to make the entire amount count as income to the receiving spouse and as a deductible cost for the payer. Unallocated family support, as this concept is called, can result in more money for both spouses if it is done according to strict Internal Revenue Service regulations.
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Get Help From A Skilled Chicago Child Support Lawyer
If you have additional questions about how child support is determined in an Illinois divorce, contact our office for answers. Call 312-984-1514 to schedule a no-cost limited introductory consultation at The Law Offices of Curtis Bennett Ross, LLC today. We serve clients in and around Cook County, including the neighborhoods of River North, Lincoln Park, Greektown, Bucktown, West Loop, Oak Park, Gold Coast, Andersonville, Wrightwood, and downtown Chicago.
What Is Child Support Arrearages
A legal term, arrearage or arrears essentially means past-due child support. A child support arrearage exists when a legally binding child support order is in place, but there is an unpaid or outstanding balance due. How child support arrears should be handled depends on a wide range of different factors.
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