630-584-4800

630-584-4800

Lombard Child Support Attorneys

Goostree Law Group

"I utilized Tricia's services for recalculating child support with my ex-wife. Tricia is very professional, strong knowledge of case law..."

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Lawyers Assisting With Child Support Orders in Lombard

Child support is a fundamental issue in family law cases involving children. When parents separate, divorce, or were never married, financial support arrangements can help ensure that children's needs will be met. When one parent makes payments to the other, this will allow children to receive the same amount of support that they would have had if parents were still living together and combining their incomes. When determining the appropriate amount of support and addressing other related issues, parents will need to be sure to understand how Illinois law applies to their situation.

At Goostree Law Group, our attorneys provide representation for parents as they address child support matters in Lombard and DuPage County. We work to ensure that child support calculations are made based on the law, that all relevant expenses will be addressed correctly, and that children will receive the financial support they need and deserve.

The Purpose and Importance of Child Support

Child support serves the essential function of ensuring that children will have access to the financial resources they need for their care and development. Courts will order child support in virtually all cases where parents do not live together, whether the parents are divorcing, were never married, or are legally separated.

Child support may help to cover the costs of housing, food, clothing, transportation, and other basic necessities. It allows the parent with whom the child will live most of the time to maintain a household that will meet the child's needs.

Calculating Basic Child Support Obligations

Illinois law uses an approach for calculating child support that is meant to ensure that parents who are separated will contribute the same proportion of their income to their children's needs as they would have contributed if they were living together. The calculations will consider the combined net income of both parents and the number of children who need support.

After determining the total basic support obligation, the court will divide this amount between the parents based on their proportionate shares of their combined income. For example, if one parent earns 65 percent of the combined income and the other earns 35 percent, they would be responsible for those respective percentages of the total support obligation. The parent with less parenting time will typically pay their share to the other parent.

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Goostree Law Group

Tricia D. Goostree

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Adjustments for Shared Parenting Time

When parents have relatively equal parenting time, meaning that each parent will have the child or children stay overnight at their home for at least 146 days per year, child support calculations may be adjusted. In these shared parenting situations, the court will calculate each parent's amount of basic child support. Each parent's amount of child support will be multiplied by the other parent's percentage of yearly overnight parenting time. The amounts will be offset against each other, and the parent who would owe more will pay the difference to the other parent. This approach accounts for the fact that both parents will be providing housing and meeting children's daily needs during their respective parenting time.

Addressing Child Care Expenses

Child care costs can be a significant expense for many families, and Illinois law requires parents to share these expenses in addition to basic child support. Child care expenses may include the costs of daycare, before-school and after-school programs, summer day camps, babysitters or nannies, and other arrangements that ensure that children have care and supervision while one or both parents are working or attending school.

Courts will typically order parents to share child care expenses in proportion to their incomes, using the same percentages as in the basic support calculation. For example, if one parent is responsible for 65 percent of child support, that parent would also pay 65 percent of child care costs.

Parents may need to maintain documentation of child care expenses, and it is a good idea to communicate about these costs regularly so that both parties understand how much is being paid and whether any adjustments may need to be made. Child support orders may detail the procedures that will be followed when sharing expense information or requesting reimbursement, which can help to avoid disputes about these ongoing costs.

Medical and Dental Expenses

Healthcare costs for children may be addressed through both insurance coverage and the division of uncovered medical expenses. One or both parents may be required to maintain health insurance for the children if coverage is available through their employment or other sources. The costs of providing coverage will typically be divided proportionally between parents.

Even with insurance, parents may need to pay out-of-pocket medical expenses such as:

  • Deductibles and Co-payments: Costs required before insurance coverage begins or amounts paid at the time of treatment.
  • Prescriptions: Medication costs that are not fully covered by insurance plans.
  • Dental and Vision Care: Routine exams, cleanings, fillings, braces, eyeglasses, and contact lenses.
  • Mental Health Services: Therapy, counseling, and psychiatric care for children.
  • Medical Devices: Costs for items such as hearing aids or other necessary medical equipment.

Educational Expenses and Costs

Educational expenses beyond may need to be addressed in child support orders. Private school tuition and fees may be paid when children have historically attended private schools or when both parents agree that private education is appropriate. Special education services not provided by public schools, such as tutoring, testing for learning disabilities, specialized instruction, and therapies related to educational needs, may be shared between parents. Other school-related costs, such as uniforms, technology fees, lab fees, and books, may be divided between parents proportionately.

Extracurricular Activity Expenses

Children's participation in sports, arts, music, and other activities can contribute to their development and well-being. However, these activities can be expensive, and parents will need to establish clear agreements about how these costs will be handled. Extracurricular expenses may include registration fees, equipment, uniforms, lessons, team travel, and other related costs.

Some child support orders may specify that extracurricular expenses will be shared in proportion to the parents' incomes. Other orders may require parents to agree in advance before enrolling children in activities that will create financial obligations, and caps may be set on the amount that each parent will be required to pay. Our lawyers can help parents negotiate terms that will balance children's opportunities to participate in activities with fairness to both parents regarding financial obligations.

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College Expenses and Parental Responsibilities

Illinois law places obligations on divorced parents to contribute to their children's college education expenses. Courts can order parents to contribute to college costs for non-minor children under age 23 who are enrolled in college. When determining whether to order college expense contributions and in what amounts, courts may consider factors such as the financial resources of both parents and the child, the child's academic performance, and the availability of scholarships, grants, or student loans.

College expenses that may be ordered include tuition and fees, room and board (whether on-campus or off-campus), books and supplies, and reasonable living expenses. The court may allocate certain expenses between the parents, and the maximum amount that parents would be required to pay would be the costs involved in attending the University of Illinois at Urbana-Champaign during the same year.

Enforcement of Child Support Orders

When a parent does not pay child support as ordered, various options for enforcement may be available to collect the amounts that are past due. Courts may use enforcement methods such as:

  • Income Withholding: Support payments may be garnished from a parent's paycheck and sent to the State Disbursement Unit, which will forward the payments to the receiving parent.
  • Intercepting Tax Refunds: Past-due support can be collected by intercepting federal and state income tax refunds and applying them to the balance of what is owed.
  • Liens and Asset Seizure: The court can place liens on a parent's property or take steps to seize assets such as bank accounts.
  • License Suspension: When a parent is significantly behind on support payments, the court may take action to suspend their driver's license, a professional license, or recreational licenses until they make payment arrangements.
  • Contempt Proceedings: The courts can hold a parent in contempt for willfully failing to pay support, which can result in fines or even jail time in some cases.

Modifying Child Support Orders

Child support obligations can be modified to address a change in circumstances that has affected either parent's income or the child's needs. Changes that may be reasons for child support modification include the loss of a job or health issues that affect a parent's income. Child support may also be adjusted to fit changes in the parenting time schedule or changes in a child's needs or expenses.

Modifications are not automatic, and support obligations will continue at the amount that was previously ordered until the court enters a modified order. When circumstances occur that would allow for a change to the amount of child support, a parent must file a petition with the court. If necessary, the changes made may be retroactive to the date that the petition was filed.

Contact Our Lombard, IL Child Support Lawyers

Child support matters may involve complex calculations and other legal factors that will need to be considered. At Goostree Law Group, our team can provide assistance to help parents address child support correctly and ensure that their children's needs will be met. If you need help establishing, modifying, or enforcing child support orders, contact our Lombard child support attorneys by calling 630-584-4800 and scheduling a consultation.

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