Elgin Child Support Attorney
Child support is a critical component of ensuring your child’s well-being and stability after a separation or divorce. Its purpose is to provide children with the same level of financial support they would have received if their parents had remained together. However, the legal process for determining, enforcing, and modifying child support can be complex and contentious. At The Law Offices of Anthony R. Scifo, we provide clear, strategic legal guidance to parents in Elgin, IL, ensuring that child support orders are fair, accurate, and reflect the true financial circumstances of both parties.
Whether you are seeking to establish an initial support order, enforce an existing one, or modify payments due to a change in circumstances, having a knowledgeable attorney is essential. We protect our clients from unfair calculations and fight to secure the financial resources their children deserve. To understand your rights and obligations, schedule a free, confidential consultation with an experienced Elgin child support lawyer today by calling (847) 628-8311.
How Illinois Calculates Child Support: The “Income Shares” Model
Illinois uses a modern “Income Shares” model to calculate child support. This method is based on the principle that both parents have a duty to financially support their children. The court seeks to determine the amount of money that would have been spent on the children if the parents were living in the same household and then divides that obligation between the parents based on their respective incomes.
The process generally follows these steps:
- Determine Each Parent’s Net Income: The court calculates the net income for both parents after allowable deductions.
- Combine Net Incomes: The two net incomes are added together to find the combined family income.
- Find the Basic Support Obligation: The state provides a chart that shows the standard amount of support for a child based on the parents’ combined income and the number of children.
- Prorate the Obligation: The basic support obligation is divided between the parents in proportion to their contribution to the combined income.
- Adjust for Parenting Time: If each parent has the child for at least 146 overnight stays per year (a “shared parenting” situation), the calculation is adjusted to reflect the shared costs.
While the state provides tools like the HFS Child Support Estimator, this calculator only provides a rough idea. An experienced attorney is crucial for ensuring all income is properly disclosed and the calculation is performed correctly according to law.
What Is Included in “Income” for Child Support?
A fair child support calculation depends on a full and honest disclosure of all income sources from both parents. Disputes often arise over what counts as “income.” Illinois law defines it broadly to include nearly all earnings and revenue. Our attorneys are skilled at the financial discovery necessary to uncover all relevant income, which is also a critical part of property division and determining spousal maintenance.
Sources of income typically include:
- Wages, salaries, tips, and commissions from employment
- Bonuses, severance pay, and profit-sharing
- Income from self-employment, partnerships, or business ownership
- Investment income, including interest and dividends
- Pension and retirement income
- Social Security, disability, and unemployment benefits
Attempting to hide income or voluntarily reduce earnings to avoid paying support is viewed very unfavorably by the court and can result in serious legal consequences.
Child Support Enforcement and Modification in Elgin
Establishing a child support order is only the first step. Unfortunately, circumstances can change, and sometimes parents fail to meet their obligations.
Enforcing a Child Support Order
When a parent fails to pay court-ordered child support, the receiving parent has legal options. We can help you file an enforcement action with the court to compel payment. A judge can order several enforcement methods, including wage garnishment (income withholding), seizure of bank assets, and suspension of a driver’s license. If non-payment is part of a pattern of control or harassment, a related Order of Protection may also be necessary.
Modifying a Child Support Order
Life changes, and a child support order may need to be adjusted over time. Either parent can petition the court for a modification, but they must prove that a “substantial change in circumstances” has occurred. Common reasons for a successful modification include:
- A significant involuntary decrease or increase in a parent’s income.
- A major change in the child’s needs, such as a new medical condition.
- A change in the allocation of parenting time.
- The emancipation of a child.
Frequently Asked Questions About Illinois Child Support
How long does child support last in Illinois?
Typically, the obligation to pay child support continues until a child turns 18 or graduates from high school, whichever occurs later (but not beyond their 19th birthday). A court can also order support for college expenses or for a disabled adult child.
Can parents agree on a child support amount?
Yes, parents can agree to a child support amount as part of a larger settlement, often through a process like mediation. However, the amount must still be formally approved by a judge, who will review it to ensure it is in the child’s best interest and doesn’t deviate too far from state guidelines without a valid reason.
Is child support taxable?
No. Under current federal and Illinois law, child support payments are not considered taxable income for the recipient, and the parent who pays child support cannot deduct the payments on their taxes.
Contact an Elgin Child Support Lawyer Today
Ensuring your child has the financial support they need is a top priority. Whether you need to establish, enforce, or modify a child support order, The Law Offices of Anthony R. Scifo has the experience to guide you through the process and protect your family’s financial health.
Call our Elgin office today at (847) 628-8311 for a free and confidential consultation to discuss your case.