Wheaton Child Support Attorney

Winfield child support attorney income shares

Lawyers Assisting With Financial Support for Children in DuPage County Divorce and Family Law Cases

During divorce, spouses will need to address many different types of financial concerns, and one of the most significant issues is how to ensure that the children they share will be provided for. Unmarried couples who are separated will also need to consider this issue, since all parents are required to provide financial support for their children, regardless of the amount of time they or the other parent has with the child. Whether you are getting divorced or are separated from your children's other parent, you will need to be sure child support is calculated correctly so your children's ongoing needs will be met.

At McSwain Nagle & Giese, P.C., our attorneys provide dedicated legal help to parents in divorce and family law cases. We have more than 65 years of combined legal experience, and we can help you understand how the law applies in your situation and make sure all relevant considerations are taken into account when calculating support obligations. We will work to protect your children's best interests while helping you reach a resolution to your case that will provide you with the financial security you need.

Child Support Obligations in Illinois

For many years, determining child support in Illinois family law cases was a straightforward process. Obligations would be calculated by taking a certain percentage of the non-custodial parent's income, based on the number of children they had. However, this method did not take the other parent's income into account, which meant that it did not properly address the financial situation of most modern families in which both parents earn a steady income.

To address the needs of today's families, the child support statute in Illinois (750 ILCS 5/505) has been revamped, and obligations are now calculated using an "income shares" process that considers both parents' incomes. Under this method, a total child support obligation is determined, with this amount being based on the parents' combined income and their number of children. This amount represents what married parents at that combined income level would typically spend to provide for their children's needs. Each parent is responsible for a percentage of this obligation equivalent to their percentage of the combined income.

Typically, the parent who has the majority of the parenting time with the children will be considered the "custodial parent," and they will receive child support payments from the other parent. The non-custodial parent will pay their percentage of the total child support obligation to the custodial parent, and the custodial parent is presumed to spend their percentage of the child support obligation directly on caring for their children.

There are some cases in which additional calculations may need to be made to address situations where parents share equal or near-equal amounts of parenting time. These situations are known as "shared physical care," and these rules apply when a parenting plan specifies that children will be staying overnight with each parent for at least 146 overnights in the year. In these cases, each parent's child support obligations will be modified based on the other parent's percentage of parenting time, and the amounts will be offset, with the parent who has the higher obligation paying the difference between the two obligations to the other parent.

The child support obligations calculated using these methods are meant to provide for children's basic needs: food, shelter, clothing, etc. In addition to these costs, parents may be ordered to share in other child-related expenses including health insurance, uncovered medical costs, childcare, extracurricular activities, and school expenses. Divorcing parents should also understand their obligations for contributing to children's college expenses or other forms of non-minor support under Section 513 of the Illinois Marriage and Dissolution of Marriage Act.

Contact Our Glen Ellyn Child Support Lawyers

If you are considering divorce, are separated from your child's other parent, or need help understanding whether you can modify your child support obligation, our skilled family law attorneys can answer your questions and provide the legal representation you need. Contact McSwain Nagle & Giese, P.C. today by calling 630-407-1200 to set up a free consultation. We provide legal help to clients throughout DuPage, Will, Kane, Kendall, and Cook Counties, including Naperville, Winfield, Wheaton, Warrenville, Glen Ellyn, Glendale Heights, and Carol Stream.

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