Child Support

The new child support laws in Illinois in 2022 require that the parents purchase or maintain health insurance for the child or children when dealing with a child support matter. This mandate is in effect whenever the parents deal with child support, such as a part of a divorce or a child custody case. #childsupport, #divorcelawyer, #familylawyer, #childsupportattorney, 

Child Support/Health Insurance

The new child support laws in Illinois in 2022 require that the parents purchase or maintain health insurance for the child or children when dealing with a child support matter. This mandate is in effect whenever the parents deal with child support, such as a part of a divorce or a child custody case. #childsupport, #childhealthinsurance, #divorcelawyerschaumburg, #divorceattorneyschaumburg, #divorcelawyernearme,

Failure To Pay Child Support

Failing to pay child support for six months or owing more than $5,000 can be charged as a Class A misdemeanor. If more than $20,000 in child support is past due, it can result in a Class 4 felony and incarceration for up to three years and a suspension of driving privileges.  #childsupport, #failuretopaychildsupport,

Child Support

 Illinois has guidelines for child support. To calculate the amount of guideline child support, the court looks to the net income of both parties, determines the number of overnights each parents spends with the child, and then calculates the guideline child support based on a formula issued by the State. Generally speaking, the court will not consider a new spouse’s income when calculating guideline child support. #childsupport,

Modification of Child Support

 An order for child support is eligible for a modification review every three years, or when there is a significant change in the needs of the child or the non-custodial parent's income. Before a case can be submitted for modification, a review is conducted to verify balances, non-custodial parent's employment status and other pertinent information.

Please keep in mind that the attorney presenting the case in court must be able to prove the non-custodial parent's ability to pay. If not, it is possible that the support payment may be lowered. #childsupport, #modificationofchildsupport,

Child Support Suspension

 A circuit court may invoke a child support suspension law any time a judge rules that a parent is at least 90 days behind on child support payments. The court notifies the Secretary of State's office that the parent is in contempt of court for failure to pay child support. The Record of Non-Payment of Court Ordered Child Support Family Responsibility Law is completed, certified by the court and submitted to the Secretary of State's office which results in the pending suspension being loaded onto the driving record. The Secretary of State's office notifies the driver that a license suspension will become effective in 60 days. The suspension can be avoided if the Secretary of State's office is notified that the parent has met the court's requirements. #childsupportsuspension,  

Modification of Child Support

Child support payments cannot be changed without going to court. The amount of child support owed only changes when the judge enters a new court order that changes it.

Either parent can ask the court to change or modify the amount of child support payments, even down to $0, if there has been a substantial change in circumstances, since the last child support order.

A substantial change in circumstances means a big change. For example, a change in one of the parents' job situation or ability to make money. #modificationchildsupport, #child

support,

Under the new Illinois statute, child support is calculated by determining the gross income of each parent.Then, with appropriate calculations, the incomes of each parent are then tax affected to determine the individual and total net income of the family. These calculations are usually performed by implementing software programs such as “Family Law Software,” used  by many judges on their desktop computers. Once that total number is determined, there will be a published chart that will allow the parties and their attorneys to cross reference the amount of total child support that is found to be applicable to a given family at that income level, and for a given number of children. That total amount is then allocated depending on the percentage of income that each parent contributes to the total.

Changes to Illinois child support laws for 2017

Effective 7-1-17, a new child support law will become effective. Under the "income shares" model, the divorce court is instructed to refer to economic tables that will be put forth by the Illinois Department of Healthcare and Family Services to determine how much money would be allocated for the care of the child if a similarly situated couple were living together based on the combined income of the couple, the cost of living, and the number of children.  Each parent is responsible for their prorata share of this amount based on their relative incomes (or potential incomes if the parent is voluntarily unemployed or underemployed).  Depending on the relative incomes of the parents this may cause some parents to pay more and some to pay less in child support than under the previous law.