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Naperville, IL Child Support Lawyers

DuPage County Attorneys for Child Support Matters

When it comes to child support, courts in Illinois use a formula to determine the amount of payments, but judges do have discretion to deviate from the guideline amount if circumstances warrant. Child support is primarily designed to give the parent with primary residential responsibilities the financial resources to provide for the children, and secondarily meant to equalize the standard of living between the two households.

At Pesce Law Group, P.C., our family law attorneys understand that all caring parents want to provide for their children. Nevertheless, disputes often arise as to the amount and frequency of payments, especially since some income sources are difficult to classify, and it is common for many children to split time between the two households. We provide aggressive representation in all these situations, to protect your family.

Changes to Illinois Child Support Calculations in 2017

In July 2017, a new law governing child support calculations went into effect in Illinois. Previously, child support payments were calculated using a set percentage of the non-custodial parent's income. Following the change to the law, Illinois now uses an income-sharing model that considers each parent's net income and their respective amounts of parental responsibility and parenting time. If necessary, a judge can depart from the statutory guidelines based on:

  • Child's Resources and Needs: It is rare, but certainly not unheard of, for a child to have financial resources, such as a job or a trust fund. Moreover, as children age, they sometimes become involved in extracurricular activities, including sports teams and summer camps, which can be quite expensive.
  • Financial Resources of Each Parent: The above example is not typical, but is certainly not uncommon. For example, an entrepreneur may earn very little money in the business' first three or four years.
  • Child's Physical, Mental, and Emotional Needs: Special needs kids often face ongoing medical procedures, along with high doctor and therapist bills.
  • Standard of Living The Child Would Have Had: Equalization of income is a secondary priority, but it is on the radar screen.

There must be affirmative factual findings in the record to support any deviation from the guideline formula.

Child support typically terminates when a child turns 18 or graduates from high school, whichever comes later, but not continuing past 19 years of age. Most divorce decrees contain a reservation clause which states that college expenses will be divided between the parents at a later date.

For a free consultation with an experienced family law attorney, contact Pesce Law Group, P.C. at 630-352-2240.

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