Roberts, P.C.

Call Us630-668-4211

104 E. Roosevelt Road, Suite 202, Wheaton, IL 60187

Wheaton, IL Child Support Attorney

Burr Ridge divorce and child support lawyer

Divorce Law Firm Helps Divorcing Parents Resolve Financial Issues in DuPage County

When parents choose to end their relationship, one of their primary concerns often involves ensuring that their children will have the financial support they need to cover day-to-day expenses, as well as the costs of medical care and education. During divorce, it is important for parents to understand their child support obligations and protect their children's rights to receive the financial resources they need.

At Roberts, P.C., we work closely with divorcing parents to correctly determine the amount of child support which they will be required to pay or which they will receive from their former spouse. Attorney Chuck Roberts has over 30 years of experience working with divorcing spouses, including in complex situations involving large incomes and high net worth, and he can help you ensure that all applicable factors are taken into account when calculating child support obligations.

Illinois Child Support Laws

Until recently, Illinois law stated that child support would be paid to the custodial parent (that is, the parent with the majority of the parenting time) by the non-custodial parent, and the amount of support payments would be determined using a simple percentage of the non-custodial parent's net income, regardless of the amount of income earned by the custodial parent. However, in July of 2017, Illinois law changed, and both parents' incomes, as well as their respective amounts of parenting time, are now taken into account.

Under the updated law, a total support obligation is calculated based on the parents' combined net incomes using guidelines provided by the Illinois Department of Healthcare and Family Services. This obligation represents the amount that the parents would have been expected to spend to provide necessities for their children such as food, shelter, and clothing had they remained married. Each parent is responsible for a percentage of this obligation which reflects their share of the combined income.

The non-custodial parent will typically pay their share of the child support obligation to the custodial parent, and the custodial parent is presumed to spend their share of the obligation directly on ongoing care for their children. However, additional calculations may be necessary if each parent enjoys at least 146 overnight stays with their children every year. This is known as shared physical care, and in these cases, each parent's support obligation is adjusted based on the other parent's percentage of overnights with the children each year.

Additional Child Support Considerations

While parents' basic child support obligation is intended to cover children's daily expenses, other forms of support may be required to fully meet children's needs. These costs will typically be divided between parents, and they may include:

  • Medical care, including medical insurance premiums and dental care
  • Educational expenses, including books, fees, and private school tuition
  • Employment-related child care
  • Fees or equipment for extracurricular activities

Parents may also be required to contribute toward their children's college expenses, up to the costs of tuition, room, and board at the University of Illinois at Urbana-Champaign for the year in which support is being paid. This support can be terminated if a child fails to maintain a "C" average on their grades.

Contact a Hinsdale Divorce Lawyer

If you need help determining the amount of child support which you will pay or receive following your divorce, Roberts, P.C. can work with you to examine your financial situation, advocate for your interests, and ensure that your children will have the financial support they need. Contact a Wheaton divorce attorney at 630-668-4211 to arrange a free consultation. We serve clients in Naperville, Oak Brook, Glen Ellyn, Burr Ridge, Carol Stream, Glendale Heights, and throughout DuPage County and Kane County.

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