Illinois Child Support Lawyers
We are a group of attorneys who don't represent the people that contact us. Rather we give free advice and referrals to independent, experienced attorneys that we feel are best for your situation. The attorneys we suggest aren't free, but they are industry leaders who fight for their clients. We are based in Chicago, but are not just a place to find a Chicago child support law firm. Rather we help everywhere in Illinois. If you want our help we would be thrilled to do so. For general information on child support please read on.
In Illinois, the court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable and necessary for the child's support, without regard to marital misconduct. Child support is separate from alimony (spousal support), which is for the ex-spouse's support.
Child support is determined by Illinois statute and is calculated by using a certain percentage of the paying spouse's net income, and the amount of children for which he or she is responsible. For example, the following chart represents the minimum of what may be ordered in Illinois:
|# of children||Percentage of income|
|6 or more||50%|
The guidelines above are applied to each case unless after considering the best interests of the child, the amount determined in the guidelines would be inappropriate. Relevant factors include: the financial resources and needs of the child; the financial resources and needs of the parent with custody; the standard of living the child has previously enjoyed; the educational needs of the child; and the financial resources and needs of the non-custodial parent.
The court, upon petition of either party, may modify a child support award if a change of circumstance of the parents or child is proven. For example, a child support award may be modified if the husband's salary is cut due to the slow economy.
Neglect or refusal without any lawful excuse" to pay a child support order is a Class A misdemeanor and creates civil liability in the non-paying spouse for the amount of any public assistance provided for the child. It can result in jail time, loss of your driver's license or revocation of your passport.
Sometimes child support is owed to a parent who is on Public Aid. If so the paying parent will have to reimburse Public Aid unless they can prove they made payments. Because of this we suggest that you never give cash for support. Only pay by check and in the memo section of the check write "For Child Support." Otherwise you will have no proof of actually paying an might end up paying twice.
Child support goes to the parent that has primary physical custody. If you don't have it you pay. There are almost no exceptions to this rule unless you come to an agreement about it with your ex. If you do have any agreement about support you should enter it into court with a Judge. Otherwise it is not enforceable.
Child support is one of the most argued issues in family law and probably the topic that we get more calls on that anything else.