DuPage County Child Support Attorneys

How Illinois Child Support Is Calculated

Following an update to Illinois law that took effect in July 2017, the method of calculating child support payments has changed. Prior to this change, child support payments were based solely on the non-custodial parent's net income and the number of children being supported. Now, child support is based on both parents' combined income, and courts will also take each parent's amount of parental responsibility and parenting time into account. While the guidelines for determining child support are fairly straightforward, the judge has the discretion to adjust the amount based on the following:

• The physical, emotional, and educational needs of the child;
• The financial resources of both parents; and
• The goal of maintaining the standard of living experienced by the child prior to the divorce.

There are numerous situations in which a skilled lawyer can be crucial in establishing the correct amount of child support. As an example, when a parent has certain income irregularities because he or she is a seasonal worker or is self-employed, these issues will need to be properly considered when establishing the correct amount of support under the child support guidelines.

Additionally, when the financial circumstances of either parent change, a parent may choose to petition the court to change the amount of support. It is crucial to make sure the correct procedures are followed when addressing these types of post-divorce modifications. Attorneys Ausaf Farooqi and Naveed S. Husain are experienced DuPage County family law attorneys who consistently provide high-quality legal services to those who are in the midst of emotional family law issues. We understand that a divorce may cause financial issues as well, and will work with you to provide a billing structure that will fit within your budget.

Is Child Support Related to Visitation?

Parents who expect to receive or pay child support payments may be unsure about whether child support is directly tied to the parenting time that each parent has with their children. Generally, the parent who has the majority of parenting time will receive child support payments from the other parent. However, if children spend at least 40 percent of their time with each parent (meaning that they stay overnight with each parent for at least 40 percent of the days in a given year), this is considered "shared parenting," and child support will be allocated between the parents based on each parent's percentage of parenting time.

Parents may also be unsure about how disputes regarding child custody and parenting time will affect child support. The parent paying child support may feel that if the other parent denies visitation, he or she can withhold the payments. Likewise, the parent receiving child support payments may feel a late payment warrants denial of visitation. However, child support is handled separately from issues related to child custody and visitation. When child support is not received, the receiving parent must go through the proper legal channels to collect the amount owed. A late payment does not give them the right to deny visitation rights to the other parent, and child support cannot be withheld in response to actions taken by a parent.

Many studies show that fathers who are allowed to consistently spend time with their children will be much more likely to meet their monthly child support obligations. A parent who moves out of state may notice an increase in missed child support payments. The parent who has a strong, ongoing relationship with his or her children, no matter the distance between them, is much more likely to ensure that their children are well-taken care of through child support payments. If you are having difficulty collecting court-ordered child support, or if you have been denied visitation rights, it can be beneficial to contact an attorney from Farooqi & Husain Law Office to determine your legal options.

There are additional instances, however, in which a skilled lawyer can be crucial in determining the amount of child support. As an example, when the non-custodial parent has certain income irregularities, whether he or she is a seasonal worker or is self-employed, child support guidelines may not apply.

Additionally, when the financial circumstances of either parent change, a parent may choose to petition the court to change the amount of support. Attorneys Ausaf Farooqi and Naveed S. Husain are experienced DuPage County family law attorneys who consistently provide high-quality legal services to those who are in the midst of emotional family law issues.

We understand that a divorce may cause financial issues as well, and will work with you to provide a billing structure that will fit within your budget.

Contact Our Oak Brook Child Support Attorneys

The Oakbrook Terrace lawyers at the Farooqi & Husain Law Office are committed to helping you get through your divorce and your child custody and support issues in the least damaging manner. We will take the time to provide you with comprehensive answers to your questions regarding child support, and we take pride in being extremely accessible to our clients. If you require a child support attorney who is extremely knowledgeable in all aspects of Illinois family law, contact us at 630-909-9114. We serve clients in DuPage County, Cook County, Kane County, and Will County.