How Much Child Support Am I Entitled to Under Illinois Law?
The amount of child support you receive is based on the financial obligations you have to provide for your child’s physical, mental and emotional needs. These obligations can vary drastically from family to family, so the child support calculation process requires an understanding of your unique circumstances. Illinois, like all states, has a process for calculating the support you are entitled to receive. If you have questions about how support calculation works in your case, an experienced Hillside, IL child support lawyer can help.
How Is Child Support Calculated in Illinois?
Illinois uses the "shares model" approach to calculate the appropriate child support payment. This model determines support by:
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Combining the net incomes of both parents to determine what the combined household income would have been had they stayed married;
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Assigning each parent a percentage of their combined incomes;
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Determining child support costs by cross-referencing the combined income and number of children on the shares chart; and,
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Multiplying the child support cost by each parent’s obligatory percentage of support.
Who receives and who pays child support depends on the custody order. For example, support obligations are different when parents jointly share physical custody, as opposed to one party having sole physical custody.
Who Pays Child Support When We Share Custody?
In Illinois, one parent may still pay child support to another even if both parents split physical custody 50/50. Determining how to distribute child support in joint custody cases is sometimes more complicated than cases where the children spend more time with one parent.
The court will need to consider the child support obligation of each parent, namely each parent’s percentage of the total support required. If one parent earns more than the other, the higher-earning parent may have to pay child support. However, the court also considers the additional expenses related to having two households. Each case has unique circumstances that may impact financial obligations.
How Do I Get a Child Support Order?
There are two avenues to requesting child support in Illinois. You can start the process through the Department of Healthcare and Family Services, or you can bring your case before the circuit court. If you choose the DHFS route, the state will bring the case on your child’s behalf. If you bring your case to circuit court directly, you will need a skilled child support attorney to help you navigate the sometimes- complicated laws that govern these cases. DHFS is often overburdened with cases, and so may not be the best, most effective route to getting the child support you need.
Schedule a Free Consultation With a Hillside, IL Family Law Attorney
Once the court finalizes a child support order, modifying it can be a hassle. To ensure you have fair and adequate support from the start, the experienced Oak Park, IL child support lawyer at the Law Office of Vincent C. Machroli, P.C. will carefully analyze your situation, considering all relevant factors, and then calculate the correct amount available to you based on Illinois law. To ensure you receive an amount to sufficiently cover your child’s needs, call 708-449-7404 today to schedule a free consultation.