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630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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Cook County divorce attorney child support

The average cost of raising a child through age 18 is estimated to be over $250,000. As any parent can tell you, having children is expensive. Child support is a key source of financial assistance for single parents in Illinois. Most unmarried and divorced parents rely on child support for help with housing, education, childcare, food, and other costs. These financial needs do not disappear because the parent responsible for paying child support is incarcerated in jail or prison.  

Illinois Courts May Deviate from Statutory Guidelines When a Parent is in Jail

Illinois child support payments are based on both parents’ net incomes and, if the parents have a similar amount of parenting time, each parent’s allocated parenting time. The amount that a parent pays in child support is proportional to his or her net income. The parent with the greater share of parenting time receives child support from the parent with less parenting time or “obligor.” Usually, the amount of child support that an obligor pays is determined by statutory formulas and tables. However, an incarcerated parent is usually not earning an income while in prison so courts may deviate from the statutory formulas when a parent is incarcerated.

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Burr Ridge child support attorney

Child support payments can be a significant expense, but they are also vital to helping unmarried or divorced parents share the costs of raising their child. Child support amounts are calculated using the Income Shares model in Illinois. Both parents’ net incomes and other factors are used to determine a fair, reasonable child support arrangement. However, circumstances can change, and a parent may need to modify a child support order, whether he or she is the paying or receiving parent.

Adjusting Child Support

Illinois child support orders are eligible for a “modification review” every three years, but this does not mean that a modification will automatically be granted. During the modification review, the parents’ financial circumstances and other information are evaluated in order to determine if a modification is necessary. Child support orders may also be eligible for modification if there has been a “substantial change in circumstances,” the child’s healthcare needs are not being met, or there is a considerable difference between the current child support order and the child support guidelines established by Illinois law.

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Botti Marinaccio, LTD.

630-575-8585

2015 Spring Road, Oak Brook, IL 60523

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