Child Support Elgin IL – Law Offices of Anthony R. Scifo – Call 847-628-8311
Regardless of whether they are married to each other, parents have an obligation to support their children. Many states have distinct rules for determining the financial obligations of parents and to ensure they pay child support. The rules apply whether the parents are single, divorced or separated.
Even though parents can enter agreements regarding child support, it must satisfy the legal guidelines and obtain court approval. This is mainly because the rights to receive child support belong to the children and not the parents.
Child Support in the State of Illinois
Courts in Illinois used to apply a percentage-based type of formula for calculating child support. However, there was a change in 2017 from percentage-based to a model based upon income shares.
The general concept is that each parent is responsible for their own share of raising the children. An income shares model that takes into consideration the income of both parents. Also, it involves how much parents usually spend on their children if they had remained together and split finances.
Judges in the state of Illinois must start their child support determinations by utilizing the state’s formula. However, the courts may make some adjustments if the amount doesn’t sufficiently address the children’s interests. Relevant issues that affect this include:
- -What the child’s likely standard of living would be in the event the parents remained together.
- -The child’s emotional and physical condition in addition their educational needs.
- -The financial needs of the child and the resources of both parents.
Questions about Child Support Elgin IL? Call Family Law Attorney Anthony R. Scifo at 847-628-8311
If appropriate, a court might add more expenses to the recommended amount for items like daycare, medical care. If the child attends private school, the tuition might also be a factor. A higher income parent might be capable of paying more than what the guideline suggests. Likewise, a lower income parent might pay a lesser amount. Additionally, courts might deviate if a parent has significant medical costs or extra expenses due to a child’s special needs.
When calculating Child Support Elgin IL, start with the net income of each parent. Include all sources of income whether unearned or earned, minus any deductions or adjustments according to the state’s guidelines. Typical examples of income would be commissions, wages, self-employment earnings or income from investments.
Deductions include state and federal income taxes along with social security taxes and contributions to mandatory retirement. Also, deductions could include union dues, necessary medical costs and health insurance premiums for a non-custodial parent. Ask your lawyer for more information on deductions.
Then, add each parent’s net incomes to find their combined adjusted net income. Use the state’s income conversion chart. (The chart typically updates yearly.) You’ll find each parent’s basic child support obligation.
After assessing this obligation, refer to Illinois’ income shares schedule to calculate the amount of child support from each parent. After you determine this obligation, then multiply it by 1.5 to get an estimate of the expenses the parents will share. (In shared parenting, each parent has overnight parental time with their child at least 146 times yearly.)
Law Offices of Anthony R. Scifo – Call 847-628-8311
Even if a parent does not have any actual income, he or she may still be responsible for paying Child Support Elgin IL. The court might believe the parent is unemployed voluntarily. Or working less hours than the parent is capable of working. Judges look closely at the reasons why a parent may have insufficient income. Consequently, the judge may base child support payments upon potential income unless the parent presents evidence of job-seeking or disability. Potential income might depend upon a parent’s recent employment or on employment opportunities for which the parent qualifies. If there is no evidence of higher earning capability, a court may assess the income upon the minimum wage.
The person receiving child support payments doesn’t need to report it as taxable income. The person paying the Child Support Elgin IL is not able to deduct it. However, spousal support is taxable to the person receiving it and can be a deduction for the person paying it.
In the state of Illinois, the responsibility to pay child support ends on the child’s 18th birthday. However, the obligation does continue past that if the child is still attending high school on a full-time basis. In that case, child support lasts until the child is 19 or successfully graduates high school. (Whichever occurs first.) The obligation might continue if a child has a disability and is able to be self-sufficient.
Sometimes, courts order non-custodial parents to assist with the expenses of a child over 19 who is attending college. Find out more information about Child Support Elgin IL by contacting the Law Offices of Anthony R. Scifo.
Free Consultation with a Family Law Attorney – Divorce, Child Custody, Child Support Elgin IL – 847-628-8311
For divorcing spouses who are also parents, the issue of child custody is, naturally, significant.
There are a many decisions to be made such as:
- -Will the parents decide to share joint custody?
- -Will one parent retain sole custody and the parent has visitation?
- -Are the parents going to share in making major decisions for their children?
- -Will final say on major decisions like education and medical care go to one parent?
- -How should parents divide their parenting time?
Child Support Elgin IL and Child Custody – Differences Between Joint and Sole Custody
According to law in Illinois, parents share joint custody if there is an agreement or order defining each parent’s responsibilities. These responsibilities typically relate to the child’s health, religious upbringing and education. The agreement must include periodic reviews of its specific terms by the parents and state how they will resolve disputes. Parents can agree to joint child custody if they are able to work together on the behalf of the children. Joint custody doesn’t necessarily indicate the child will spend an equal amount of time with both parents. It simply means that each parent will have a significant amount of parental time.
To that end, sole custody doesn’t necessarily mean the child remains with one parent around-the-clock.
Without a doubt, in most divorces the non-custodial parent does obtain visitation rights. When a parent has sole custody, they don’t need the other parent’s input to make decisions for the child. However, the other parent can make day-to-day decisions for the child and have access their school and medical records.
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The wishes of the child are another factor courts consider in setting parental arrangements. The law doesn’t require the child to be a particular age. But the older a child is makes it more likely that a judge will apply weight to the child’s wishes. A judge might interview a child or consider the opinion of a child custody evaluator.
Judges base their child custody decisions upon the best overall interests of the child. The child’s wishes – while important – are never single deciding factor. Other factors are:
-The wishes of the parents.
-The child’s relationship to their home, local community and school.
-Desirability of continuing relationships with their siblings and others who are in the child’s life.
-Each parent’s ability to encourage an ongoing, positive relationship between the other parent and the child.