Naperville Child Support Lawyer

If you are facing a divorce involving children, the matter of child support is naturally important to your ability to continue supporting your children financially. Child support in the State of Illinois is generally calculated according to state guidelines, but within these parameters, there is some room for interpretation. The better you understand the Illinois child support process, the better prepared you’ll be to address your child support concerns, and having an experienced Naperville child support lawyer in your corner is always in your best interests. 

Both Parents’ Financial Responsibility

Illinois recognizes every parent’s financial responsibility to his or her children, and child support is the payment mechanism it employs to help ensure that this responsibility is fulfilled. Until recently, Illinois used a percentage-based system in which each parent was responsible for a percentage of his or her children’s support (relative to his or her income), but in 2019, this changed to what is known as an income shares model. This model takes each parent’s relative financial means in addition to how much time each parent spends with the children into consideration. 

It’s important to note that you and your divorcing spouse are welcome to negotiate your own child support arrangements, but they must – at a minimum – meet the state’s guidelines in terms of child support payments (the parent who pays child support will not be allowed to pay less than the amount the state deems he or she owes). 

Adjusting the State’s Approved Formula

Illinois courts begin with the calculation formula that’s approved by the state, but if it is in the best interest of the involved children to tweak this amount, the court has the discretion to do so, provided it has a credible reason for the deviation. The relevant factors that the court will take into consideration include:

• The probable standard of living the children would have enjoyed had the parents remained married
• The children’s physical and mental health and any special needs any of them might have
• The children’s educational needs and any special needs any of them might have
• The financial resources available, as well as the parents and the children’s financial needs

If the judge deems it appropriate, it may attach additional expenses to the calculated child support amount. Examples include:

• The cost of daycare
• The cost of health care
• The expense of the children’s extracurriculars
• The cost of the children’s tuition for private school

Ultimately, a parent with very high income may be required to pay an amount that exceeds the state’s approved guidelines, and a parent with very little income may be required to pay an amount that is less. If one of the parents faces extraordinary medical costs, the additional expense of a child’s special needs, or any other factor that the judge believes renders the approved calculation inequitable, inappropriate, or unjust, the judge may deviate from the state’s script but must provide a written explanation for doing so. 

Seek the Professional Legal Counsel of an Experienced Child Support Attorney

SLG Family Law has a prominent child support attorney who is committed to skillfully advocating for you and your children’s financial rights. To learn more, please don’t hesitate to contact us today.