Under Illinois law, each parent has a duty to provide financial support for a child’s basic needs, such as shelter, food, clothing, education and medical care. The child’s standard of living should match that of the parents. Therefore, when parents enjoy a comfortable lifestyle, the child should have access to a good school, athletics, enrichment activities, summer camp and other amenities. When a child has special needs, a court can require a supporting parent to pay more to cover those expenses. At Law Offices of Paul Chatzky, our family law attorneys obtain fair arrangements for parents paying or receiving child support and, when necessary, help them seek or oppose modifications.
As of July 1, 2017, Illinois began using an “income shares” model to calculate child support, which involves these steps:
The court then can adjust either parent’s child support obligation to account for parenting time. The more time is spent with a parent, the more support that parent may be entitled to receive. If one parent has sole physical custody and the other parent has no overnights, the court assumes the custodial parent is spending the required amount to care for the child. In that event, the court orders the noncustodial parent to pay 100 percent of the obligation. The opposite scenario is joint physical custody, where each parent provides a home for the child for a specified number of days. In that case, the high-earning spouse’s obligation may be adjusted downward in proportion to the time the child spends with him or her.
If you have an existing child support order calculated before 2017, that order is still valid and enforceable unless modified by a court. The fact that your order was calculated under the old law is not, by itself, a reason to request a modification.
If you feel you should be entitled to receive more support or pay less, you can ask the court for a modification. This requires showing there has been a substantial change in circumstances, such as an income change of at least 10 percent.
A child support order has the force of law behind it. A delinquent payer can be held in contempt of court, which can lead to these enforcement measures:
A parent who is unable to pay their child support obligation should immediately speak to an attorney about requesting a modification of the order.
The Law Offices of Paul Chatzky helps parents in Northfield and Skokie obtain fair child support orders, and provides representation in actions to modify and enforce existing orders. Call us today at 847-416-1646 or contact us online to schedule a consultation. Our offices are conveniently located at 790 West Frontage Road in Northfield, just off I-94.
Born in Havana, Cuba, Paul Chatzky is fluent in Spanish and English, enabling him to effectively represent a wider range of individuals and families. He is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell®, and is listed among Illinois Super Lawyers, which is a reflection of his high ethical standards and exceptional legal knowledge. As a…
Prior to joining the firm as a paralegal, Debbie was employed by major banking institutions as a loan processor and as an executive secretary. Debbie was also employed as an administrative assistant for the Board of Jewish Education. Having majored in Sociology, Debbie graduated from the University of Florida in 1980. Debbie completed her studies…