Child Support
Protecting Children’s Rights & Best Interests
Our attorneys are experienced in helping protect children and families’ well-being in matters of divorce and separation
Child support is a common issue handled in divorce, legal separation proceedings or between unmarried parents. On July 1, 2017, a major change for calculating child support obligations took effect. The percentage guideline formula was replaced with the income shares model for calculating child support. This is a significant change that brings Illinois in line with 39 other states and the District of Columbia, which already use the income shares model.
The new income shares model is based on real data that takes factors into account other than just the income of one parent. It calculates child support using actual child-rearing costs that are based in part on data from the Bureau of Labor Statistics.
To obtain a detailed analysis of the amount of child support you can expect to pay or receive in your particular situation, contact Mulyk Laho Law.
The attorneys at our firm are experienced in all aspects of divorce and family law including negotiating and litigating the issue of child support. Additionally, we are skilled in handling post-decree modifications of child support and other issues as circumstances of the original decree change.
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A divorce agreement in which children are involved often will require a determination of parental contributions to college expenses. Illinois law provides that one or both parents as well as the child may be ordered to contribute to the cost of college, professional school or other types of post-high school training. Children born to unmarried parents are also entitled to college support. At Mulyk Laho Law, our attorneys are highly experienced in handling college support agreements and modifications.
College expenses are considered a type of child support. However, unlike typical child support, which is calculated using a statutory formula, parental contributions to college expenses are determined according to the judge’s discretion. A number of factors are used to determine how much each parent is expected to contribute to each child’s college education. These factors include:
- Income of both parents (and step-parents where applicable)
- Expenses of both parents
- Financial resources available to the child including scholarships, grants, student loans, college savings and gifts from others
- The child’s aptitude for college (passing grades are typically required)
- The Court may also take into consideration the cost of a private school versus the cost of a public school. Additionally, non-custodial parents are usually granted the right to the child’s academic records.
Like other types of child support, contributions to college expenses can be modified if the circumstances of one or both parents change or if there are other relevant factors. Specifications for contributions to college expense are often left vague in divorce decrees in which the children are not yet college-aged. Our attorneys are skilled in handling post-decree modifications and work hard to advocate for our clients and their children.
When the Judgment in your divorce or separation includes a child support order, Illinois courts use a basic formula for assigning the financial responsibility of the parent paying support. It also takes into consideration the income and other financial resources of each parent, and the special needs of the child involved. If circumstances arise that necessitate a change to the original support order, the State provides a protocol for requesting modifications. The legal team at Mulyk Laho Law is highly efficient in getting clients throughout DuPage County and its surrounding communities through the process of child support modifications.
Under the Illinois child support statutes, a child under age 18 or to age 19 if in high school, is entitled to financial support to provide for “reasonable and necessary educational, physical, mental and emotional health needs.” To insure the appropriate care and well-being of the child, the judge uses the Illinois Income Shares Guidelines to calculate the basic support award, with some deviations to the formula based on a variety of other financial considerations. There are times when the child support order needs to be changed:
- There is a substantial change in the needs of the child
- There is a change in the income of either parent
- There is non-compliance and delinquency in the support payments
Both parents can mutually agree on the need for a child support modification based on personal changes and can file for review and modification with the appropriate petition and application. If you request a modification in your support because you suspect a parent is hiding assets, has increased income, or has financial changes that need to be reviewed, the court will conduct a review and may authorize a discovery order to uncover the obligor’s assets and any fraudulent practices. If there are increased resources, arrearage or recurrent delinquency in payments, or fraudulence, the court will make modifications in the support order and the obligor could be held in contempt and face serious penalties.
Our experienced family law and divorce attorneys understand the importance of complying with the courts requirements in securing you the appropriate change to a previously ordered support arrangement. We can help you address delinquent payments, changes in income, or unexpected increases in support needs. We will protect your rights and your child’s right to the financial support he/she needs.