Child Support Calculations, Modifications and Appeals in DuPage County
WHEN PARENTS SPLIT UP, ONE OF THE MAJOR ISSUES THEY NEED TO WORK OUT IS CHILD SUPPORT – WHO IS GOING TO PAY IT AND HOW MUCH WILL BE PAID.
It makes things easier if you and the other parent can agree on what to do about child support, but if you can’t, chances are you will end up in court to have a judge decide. Even if you do agree, a judge will review your agreement to make sure it provides for at least the minimum amount according to Illinois guidelines calculations. And if your financial circumstances change, you may have to turn to the courts once again for a modification of your support agreement or to appeal a decision you feel is unfair.
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The compassionate and experienced Illinois family law attorneys at Wolfe & Stec understand the stresses of divorce and recognize the concerns parents have for the well-being of their children. With decades of experience, they have what it takes to fully represent your interests.
Contact Wolfe & Stec for a consultation. We’re here with you during this tough time. Call 630-305-0222 today.
FACTORS IN THE INCOME-SHARE SUPPORT CALCULATION
The three main factors that ultimately determine child support obligations are:
- Basic Child Support Obligation – The combined value of child support owed by both parents together. This is then divided proportionally between the parents, based on their individual contribution to a combined household net income.
- Additional Expenses – Other costs, such as child care and medical costs which are added on top of the basic child support obligation.
- Parenting Time – The amount of time the child spends with each parent. This determines which parent receives child support. Parents who share time may have some variations.
In Illinois, “shared parenting” occurs when each parent spends at least 146 (or 40% of) overnights with their child each year. In shared parenting situations, neither parent is considered custodial, so there is a different formula to determine the support obligations.
The General Child Support Formula is as follows:
Total Child Support Obligation equals:
(Basic child support obligation) multiplied by (Percent contributed to combined net income) plus (Additional expenses ordered by court) multiplied by (Percent contributed to combined net income).
The basic child support obligation derived from this schedule is then multiplied by 1.5 and becomes the amount parents must share. This amount is prorated based on each parent’s percentage of contribution to the combined net income.
Each parent’s child support obligation is then multiplied with the other parent’s percentage of parenting time to obtain an obligation amount for each parent. The parent who owes the greater amount of child support pays that difference to the parent who owes the lesser amount of child support.
Wolfe & Stec fight vigorously for their clients in child support matters. Families trust our attorneys to safeguard their rights in all family law issues.
MODIFICATION
Illinois law allows either parent to ask for a modification review of an order for support every three years or when there is a substantial change in circumstances, including an increase or decrease in income of 20%, or changes in expenses, geographical location, or health insurance rates. For the modification review, parents must fill out a Certification of Income and Expenses form (HFS 2782) to verify ability to pay, financial balances, employment status and other information.
In Illinois, parents’ obligation to support a child ends when the child turns 18 or lasts until 19 or graduation if the child is still attending high school full-time or if a child is disabled and not capable of self-support. Judges may also order parents to help with the expenses of a child over 19 who is attending college.
Getting a child support modification requires going to court. Parents can agree to modify child support and request that the court approve their proposed change. If the change does not satisfy Illinois law, the agreement must be adjusted.
If parents can’t agree on a modification, a judge will have to determine whether child support should be modified. The parent requesting the change will need to file legal paperwork asking a court to change child support and giving the reasons why.
APPEAL
If you requested a modification that was not granted or you disagree with the judge’s decision, you have the right to:
- Ask the court to reconsider its decision by filing a Motion for Reconsideration. You must state why you think that the court was wrong when it made the ruling.
- Appeal the decision to a higher court and ask it to examine the original court’s decision. Usually, you must file your appeal within 30 days from the date of the judge’s decision.
Frequently Asked Questions
Got a child support question? Read on for answers to common questions we receive.
Did Illinois change its child support calculation laws?
Yes. In 2017, Illinois changed the way in which it calculates child support. Previously, child support was figured by taking the paying parent’s net income and assigning a percentage of that income based on the number of children to be supported. The more children, the higher the percentage of their net income a paying parent must pay.
However, the new law considers both parents’ incomes during child support calculations.
How is child support now calculated?
Specifically, child support is calculated as follows:
- Both parents’ net income is calculated and then combined.
- A percentage is assigned to each parents’ portion of the combined net income.
- An income shares chart is used to calculate basic child support obligations.
- Finally, each parent’s percentage is multiplied by the basic child support total, which represents their individual obligation.
What are some basic financial needs for child support purposes?
Food, clothing, housing, education, and other fundamental expenses are thoroughly considered.
Do I need a lawyer?
For the ultimate protection of your rights, you should contract the services of an experienced family law lawyer.
Call any time for more answers to your questions.
CONTACT US FOR HELP AND A FREE CONSULTATION
We’re Ready to Help
Child support laws, modifications, and appeals can be complicated, and you will have to deal with the results for years. If you have questions about calculating child support or modifying or appealing existing support orders, you should contact an attorney to be sure your rights are protected. The skilled Illinois family-law attorneys at Wolfe & Stec, Ltd. know the laws, the courts and the system and can guide you through the process. We represent and advise clients in all types of child custody matters and have a long history of success.
Don’t delay. For a free initial consultation with an experienced and compassionate DuPage County custody lawyer, contact us online or call 630-305-0222 for a free initial consultation.
