Arlington Heights and Chicago Child Support Attorney

In Illinois, the amount of child support owed is determined using the income shares model. The income shares model for child support calculates payments based on both parents’ combined net income, proportionally distributing the financial responsibility according to each parent’s income share.

At the Law Offices of Roger W. Stelk, we believe that a parent entitled to receive child support should receive all that the law allows. Experienced child support attorney Roger Stelk also believes that a person responsible for paying child support should not have to pay more than the law requires.

Our firm represents clients in all aspects of child support, including:

• Determination of the required child support level
• Modifications in child support
• Enforcement of child support orders
• Collection of back child support
• Paternity as it relates to child support

Call the Law Offices of Roger W. Stelk at (847) 506-7330 or contact us online to arrange for a free consultation.

What Is Child Support?

Child support is a legal obligation where a noncustodial parent provides financial contributions to support his or her child’s upbringing after separation or divorce. This support ensures the child’s basic needs are met, including housing, food, clothing, education, and healthcare.

The amount of child support is typically determined by state guidelines, which consider factors such as the income of both parents, the number of children, and the custody arrangement. The goal is to maintain the child’s standard of living and ensure that both parents share the financial responsibility of raising the child. Child support payments are made on a regular basis, such as monthly, and can be enforced through various legal mechanisms.

In addition to the basic support amount, parents may also be required to cover additional expenses, such as medical costs and extracurricular activities. Child support aims to prioritize the child’s well-being and provide a stable, supportive environment, irrespective of the parents’ relationship status.

Who Is Responsible for Paying Child Support in Illinois?

In Illinois, the responsibility for paying child support falls on the noncustodial parent—the parent who does not have primary physical custody of the child. The custodial parent, who provides the primary residence for the child, is presumed to be contributing directly to the child’s daily needs through in-kind support, such as housing, food, and other essentials.

Additionally, if the custodial parent’s circumstances change significantly, such as a substantial increase in income or a change in the child’s living arrangements, the child support order can be modified to reflect these changes. Both parents are ultimately responsible for supporting their child, with the noncustodial parent making formal payments as mandated by the court.

How Does Illinois Determine Child Support?

Illinois determines child support using guidelines established under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), which follows an “income shares” model. This model calculates child support based on the combined net income of both parents and the number of children, ensuring the financial responsibility is proportionally shared.

Child Support Calculation Process

Child support calculation in Illinois is accomplished as follows:

1. Determine Net Income: Both parents’ net incomes are calculated. Net income is gross income minus deductions such as taxes, Social Security, mandatory retirement contributions, union dues, health insurance premiums, prior child support or spousal maintenance obligations, and other necessary expenses.
2. Combined Net Income: The net incomes of both parents are combined. This total is then used to reference the Illinois child support guidelines, which provide a basic child support obligation based on the number of children.
3. Basic Child Support Obligation: The guidelines chart stipulates the amount needed to support the child or children at the combined income level. This amount reflects the cost of raising a child in Illinois and is designed to cover basic needs such as housing, food, clothing, education, and healthcare.
4. Proportional Sharing: Each parent’s share of the child support obligation is determined by his or her percentage contribution to the combined net income. For instance, if Parent A contributes 60% of the combined net income and Parent B contributes 40%, Parent A is responsible for 60% of the child support obligation, and Parent B for 40%.
5. Adjustments for Parenting Time: Adjustments are made based on the amount of parenting time each parent has. If the noncustodial parent has the child for a significant amount of time (146 overnights or more per year), the basic child support obligation may be adjusted to account for the increased expenses incurred during his or her parenting time.
6. Additional Expenses: Additional expenses, such as medical costs, extracurricular activities, and educational fees, are often divided between the parents in proportion to their incomes. These costs are considered over and above the basic child support obligation.

Deviations From Child Support Determination Guidelines

While the guidelines provide a standard framework, courts have the discretion to deviate if strict application would be inappropriate or unjust. Factors influencing deviations include:

• Extraordinary Needs of the Child: If the child has special needs or extraordinary medical or educational expenses.
• Standard of Living: The standard of living the child would have enjoyed had the marriage not dissolved.
• Financial Resources and Needs: Each parent’s financial resources and needs, including other support obligations.
• Physical and Emotional Condition of the Child: The child’s health and special physical or emotional needs.

Child Support Modification in Illinois

The Law Offices of Roger W. Stelk can obtain a modification in the child support level when a significant change in circumstances occurs. In most cases, we can do this quickly and at a reasonable cost.

In Illinois, child support modification is possible when there is a significant change in circumstances affecting the financial needs of the child or the financial situation of either parent. Either parent can request a modification of the child support order through the court.

A significant change in circumstances may include a substantial increase or decrease in either parent’s income, job loss, a change in the needs of the child, or changes in the custodial arrangement, such as a shift in parenting time.

How Does Child Support Modification Work?

To initiate a modification, the requesting parent must file a petition with the court and demonstrate the change in circumstances. The court will then review the case, considering the current financial situation of both parents, the child’s needs, and other relevant factors.

If the court finds the change justified, it will issue a new child support order reflecting the updated circumstances. This process ensures that the child support amount remains fair and adequate to meet the child’s needs as situations evolve.

In some situations, involving self-employed payers of child support, determination of the payer’s true income level can present problems. With over 30 years of experience, attorney Roger Stelk has represented many receivers and payers of child support in such matters, and understands how to research the facts and present a compelling case before the judge.

Can You Sue for Back Child Support?

You can sue for back child support, also known as arrears, in Illinois. Back child support refers to unpaid child support that has accrued over time. If the noncustodial parent fails to make the required payments, the custodial parent or the state can take legal action to recover the owed amount.

To sue for back child support, the custodial parent must file a petition with the court. The court will review the case, determine the amount of unpaid support, and issue an order requiring the noncustodial parent to pay the arrears. Legal remedies to enforce payment include wage garnishment, seizing tax refunds, placing liens on property, revoking driver’s or professional licenses, and even contempt of court charges, which could result in jail time.

Whatever your child support needs or concerns, child support attorney Roger W. Stelk will work to achieve your goals in a timely and cost-efficient manner.

For a free initial consultation with a child support lawyer at the Law Offices of Roger W. Stelk contact us or call (847) 506-7330. Located in Arlington Heights, our firm serves clients in Cook County, the Northwest suburbs of Chicago, and Northern Illinois.

FAQs About Child Support in Arlington Heights and Chicago, IL

When Can I File for Child Support in Illinois?

You can file for child support in Illinois as soon as you have legal custody of your child, typically following separation or divorce, or when paternity is established. The filing process involves submitting a petition to the court or contacting the Illinois Department of Healthcare and Family Services (HFS).

How Does Child Support Enforcement Work?

Child support enforcement in Illinois involves legal measures such as wage garnishment, seizing tax refunds, placing liens on property, revoking licenses, and, if necessary, charging contempt of court. These actions ensure that the noncustodial parent complies with child support orders and meets their financial obligations.

How Far Behind Does My Ex Need to Be Before I Can Sue for Child Support?

In Illinois, you can sue for child support as soon as your ex falls behind on payments, regardless of the amount or duration of the arrears. There is no minimum threshold for how far behind they need to be before taking legal action to recover unpaid child support. However, the enforcement options available may depend on how far behind your ex is on child support at the time of enforcement.