We can help you deal with your child support issues
Child support is money that is paid from one parent to the other for the support of their common child or children. The obligation to support a child begins at the child’s conception and includes birthing and medical costs. Both parents have an obligation to financially support their child and you do not have to have been married to your child’s other parent in order to receive child support.
A parent’s child support obligation lasts until the child turns 18 or has graduated from high school, whichever is last to occur. This is referred to as emancipation. Except in cases of an adult child who is disabled, a parent’s child support obligation does not last beyond the age of 19. After a child emancipates, the parent must return to court to obtain an order to stop child support, and there may be a question of the parents’ obligation to contribute to college expenses.
Nichole is amazing! The way the office bills in wonderful – very clear cut and detailed, so you know they are being honest, unlike other attorneys I’ve had the misfortune of retaining in the past. Nichole thinks fast on her feet and does her homework prior to going before the judge. I thought some of it was overkill for my case at first, but afterwards, I was very happy that she was so thorough.
Former Client
For child support, Illinois is an “income shares” state. This means that both parent’s incomes are considered when determining the amount of the child support obligation each parent may owe. Under the current child support law, child support is calculated using the combined net income of the parents. Net income for child support purposes is not necessarily the same as your net income for federal or state tax purposes. Second, the overnight parenting time each parent has is considered.
Funds received for child support does not have to be spent exclusively for the child and may be utilized to pay rent, buy groceries, pay household bills, etc. The parent receiving child support is not required to provide justification for or specific receipts for the spending of child support funds. Child support is not includible in the receiving parent’s income and is not deductible from the paying parent’s income.
Nichole Waltz of Divorce Solutions is an experienced, results-oriented and professionally recognized attorney who is ready to help you navigate any issues related to child support and other family law issues.
FAQs
Child support is money that is paid from one parent to the other for the support of the children. Funds received for child support do not have to be spent exclusively for the child and may be utilized to pay rent, buy groceries, pay household bills, etc. The parent receiving child support is not required to provide justification for or specific receipts for the spending of child support funds. You do not have to have been married to your child’s other parent in order to receive child support.
Both parents have an obligation to financially support their child or children and Illinois is an “income shares” state. This means that both parent’s incomes are considered when determining the amount of child support each parent may owe. Under the current child support law, we first determine the combined net income of the parents. Net income for child support purposes is not necessarily the same as your net income for federal or state tax purposes. Second, we determine the number of children of the parents and the total child support amount required. Next we calculate the overnight parenting time each parent has and, lastly, we finalize the child support amount each parent owes as support. The final number is a pro-rata division of the total support obligation after taking into consideration the number of overnights each parent has.
Parentage cases are situations when the parties have children together but have never been married. In a Parentage case, the court will deal with children’s issues only. Children’s issues relevant to a Parentage matter are child support, and the division of parenting time and parenting responsibilities.
A Parentage Court will not deal with issues of property division. Property division issues include maintenance, also referred to as spousal support, division of personal property and/or real estate, and the division of financial accounts. Individuals who have never been married do not have the right to receive maintenance nor are property rights established in the Parentage law. Parties may have property rights under other areas of Illinois law, however the Parentage statute does not convey property rights on co-parents.
Establishment of a parent-child relationship is done when parents have children together and are not, or never have been, married to each other. These situations are called Parentage cases and are covered under the Illinois Parentage statute. A parent-child relationship can be established at any time prior to a child’s 18th birthday and must be established before a legal obligation for child support can be set by the Court or any formal and enforceable parenting time will be ordered by the Court. A person can voluntarily acknowledge that they are the child’s parent. This is often done at the hospital at the time of birth and is commonly referred to as a “VAP”, or Voluntary Acknowledgement of Parentage.
A parent-child relationship can be determined with or without a VAP and/or with or without a parent’s name on the birth certificate.
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