Child Support

In Illinois, divorce cases involving children, child support is a crucial aspect of the legal process. Both parents have a legal obligation to financially support their children, and the court determines the amount of child support based on the Illinois Marriage and Dissolution of Marriage Act. The court considers various factors, such as each parent's income, the number of children, and the children's needs, when calculating child support payments.

Understanding Child Support in Illinois Divorce Cases

During a divorce, child support is calculated using the "income shares" model, which takes into account the income of both parents and the number of children involved. The goal is to ensure that children receive the same level of financial support they would have if their parents were still married.

To calculate child support in a divorce case, the court follows these steps:

1. Determine each parent's net income by subtracting allowable deductions from their gross income

2. Add the net incomes of both parents to calculate the combined net income

3. Determine the basic child support obligation using the Illinois Child Support Guidelines, which provide a table of support amounts based on the combined net income and number of children

4. Divide the basic child support obligation between the parents based on their proportional share of the combined net income

5. Make adjustments to the child support amount based on additional factors, such as the child's healthcare needs, educational expenses, and extracurricular activities

The court also considers factors such as each parent's financial resources, the child's needs, the standard of living the child would have enjoyed if the parents had remained married, and the physical and emotional condition of the child.

Child support orders can be modified if there is a substantial change in circumstances, such as significant changes in either parent's income or the child's needs, even after the divorce is finalized.

Legal Process for an Attorney Representing a Client in a Child Support Divorce Case

For a lawyer representing a client in a child support case during a divorce, the typical legal process involves the following steps:

1. Initial Consultation:

• Meet with the client to gather information about their financial situation, employment, children, and goals for the child support case within the context of the divorce

• Explain the child support process, requirements, and what the client can expect during the divorce proceedings

• Discuss potential issues and strategies for the case, considering the overall divorce settlement

2. Gathering Evidence:

• Collect financial documents from the client, such as income tax returns, pay stubs, and bank statements

• Subpoena financial information from the other parent, if necessary

• Gather evidence of the child's needs, such as healthcare expenses, educational costs, and extracurricular activities

3. Calculating Child Support:

• Use the Illinois Child Support Guidelines to determine the basic child support obligation

• Factor in additional expenses and considerations specific to the case and the divorce settlement

• Negotiate with the other parent's attorney to reach an agreement on child support as part of the overall divorce settlement

4. Court Proceedings:

• Include the proposed child support arrangement in the divorce petition or settlement agreement

• Represent the client in court hearings and present evidence to support the proposed child support amount, if necessary

• Cross-examine the other parent and witnesses, if required

• Argue for a fair child support order that meets the child's needs and complies with Illinois law, considering the overall divorce settlement

5. Finalizing the Child Support Order:

• Ensure that the child support order is accurately incorporated into the final divorce decree

• Explain the order to the client and advise them on their rights and obligations

• Assist with setting up child support payments and enforcement measures, if needed

6. Post-Divorce Modifications and Enforcement:

• Monitor the case for any changes in circumstances that may warrant a modification of the child support order after the divorce is finalized

• Assist the client in filing a petition for modification, if necessary

• Help the client enforce the child support order through various means, such as wage garnishment or contempt of court proceedings, if the other parent fails to pay

Throughout the divorce process, the attorney should provide guidance, support, and strong advocacy to help the client achieve a fair and appropriate child support arrangement that prioritizes the best interests of the children involved while also considering the overall divorce settlement.