child support
child Support in Illinois
Child support is the amount of money that a non-custodial parent must pay the custodial parent to cover expenses for his or her minor child. Child support covers basic needs such as food, clothing and housing, and well as costs for extracurricular activities, transportation, medical expenses, private school and day care.
When Does Child Support End?
Child support obligations typically end when the child turns 18 years old (or 19 years old if the child is still in high school until 19 years old). Child support can also end if the child becomes “emancipated” which happens when the child:
- gets married,
- joins the military,
- moves out on their own and wants to be independent, or
- gets a job and no longer requires their parent’s support.
ALIMONY AND CHILD SUPPORT ARE TWO DIFFERENT THINGS
New clients often mistakenly believe that alimony and child support are the same thing or that they are inseparable. Alimony (referred to in Illinois as “maintenance”) and child support are two different things. Just because a parent is entitled to child support does not mean that she or he is entitled to receive maintenance.
There is a statute in Illinois that sets forth guideline child support as a percentage of the non-custodial parent’s net income. Thus, in most cases child support is formulaic. Maintenance, on the other hand, does not have a guideline formula. The law provides factors that the court considers in determining whether maintenance should be paid and, if so, how much. Thus, maintenance tends to be customized more in each particular divorce case.
Common questions and concerns related to child support in illinois
Tax Refunds and Divorces
April 15 is upon us again, and you know what that means: time to pay federal and state income taxes. Many people will receive refunds from “Uncle Sam” if they had too much money withheld from their paychecks over the past tax year. If you are going through a divorce,...
Child Support for a Special Needs Child
The Illinois legislature has modified the child support calculation statute and the new provisions became effective on January 1, 2013. One of the modifications clarifies that Illinois courts may consider the physical, mental, emotional, and educational needs of the...
Contribution to College Expenses
Some parents believe that their duty to support their child ends once the child turns eighteen. This is not always the case in Illinois. Illinois family law provides that parents with children may be ordered to contribute to college or professional school training...
Question: My Ex’s Employer is Required to Withhold the Child Support Payment, But the Employer Missed a Payment. What Should I Do?
When Illinois courts and courts in Chicago enter child support orders during a divorce or parentage case, they often require the paying parent's employer to withhold the child support amount from the paying parent's paycheck. The employer then sends each payment to...
Calculating Your Net Monthly Income for Child Support Purposes
If you will be paying child support, it is important to properly calculate your net monthly income. Illinois courts will usually order you to pay a certain percentage of your net monthly income to whoever has primary residential custody of the child. Net income is...
Calculating Child Support Obligations
Some of the most popular questions we receive from divorcing parents are "how much will I pay in child support?" and "how much will I receive in child support?" The person who pays child support is known as the "obligor" and the person who receives the child support...
Why Divorce Lawyers Charge Hourly
Prospective clients frequently want to know how much their divorce will cost. One of main components of the cost of the divorce is legal fees. Although I am unaware of any published statistics, most Chicago family lawyers charge hourly for their legal services. There...
Does Your Spouse Not Report All of His or Her Income?
If you have a spouse that does not report his or her income, it could have severe negative effects should you get divorced. Your spouse may demand alimony, referred to as "maintenance" in Illinois, by claiming his or her income is significantly less than it really is....
Your Subsequent Spouse’s Income Could Be Relevant
When your child from your previous marriage is about to start college, the income your subsequent spouse earns could be relevant. This fact probably surprises and maybe even shocks most people. In Illinois, one of the factors a court considers when deciding how to...
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