2015 Spring Road, Oak Brook, IL 60523

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Botti Marinaccio, LTD.

DuPage County Child Support Attorneys

Westmont Child Support Calculation Attorney

Lawyers Assist Divorcing Parents In Calculating Child Support In Hinsdale, Oak Brook, and Westmont

Parents who are married, unmarried, or divorced both have an obligation to financially support their children. When parents decide to divorce, determining the correct amount of child support payments can be a complicated matter, and in these cases, it is important to have an attorney on your side who can ensure that the child support guidelines are followed correctly and that child support payments will provide for children's best interests.

At Botti Marinaccio, LTD., our attorneys have more than 100 years of combined experience in family law, and we are experienced and knowledgeable when dealing with complex child support issues. We take a personal, family-oriented approach to every case, and we work hard to protect our clients' rights and reach a favorable resolution that will protect their financial security while meeting their children's needs.

Determining Child Support in Illinois

In recent years, many states, including Illinois, have taken steps to update their laws to reflect changing social attitudes about parental responsibility. Gone are the days in which fathers were assumed to be the family breadwinners and mothers would forego a career to stay home and raise their children. In many modern relationships, both parents earn an income and share responsibility in raising their children. The support which one parent pays to the other will address these changing times.

In 2017, Illinois law underwent a groundbreaking change in which the method of determining a parent's child support obligations was completely redefined. Each parent's income is now factored into the calculation of child support, and the amount of each parent's parenting time with their children may also affect the amount of payments.

The calculation of divorcing parents' child support obligations begins with the determination of each parent's net income. These two incomes are added together to reach a combined net income. A Basic Child Support Obligation is then determined using tables created by the Illinois Department of Healthcare and Family Services. The amount of the obligation is based on the amount that both parents would have spent to care for their children had they remained married. Each parent will be responsible for a percentage of this Basic Child Support Obligation in a ratio of their income compared to the combined income. The paying parent will pay their portion of the obligation to the receiving parent, and the receiving parent is presumed to directly spend their portion of the support obligation to care for their children.

In cases when children spend nearly equal time with each parent (that is, by Illinois law, at least 146 overnight stays with each parent each year), this "equal time" is known as Shared Physical Care. With Shared Physical Care, additional calculations are required. In these cases, each parent's support obligation will be based on the percentage of overnight stays they enjoy with their children.

Contact an Oak Brook Divorce Lawyer

During your divorce, the attorneys of Botti Marinaccio, LTD. can help you understand your legal requirements and work with you to calculate the correct amount of child support obligations, ensuring that your children will have the financial support they need. The law firm of Botti Marinaccio, LTD. solves problems through successful negotiations or, if necessary, at trial through a judge's decision. Contact a DuPage County divorce attorney at 630-575-8585. We serve clients in Oak Brook, Wheaton, Downers Grove, Villa Park, and throughout DuPage, Cook, Will, and Kane Counties, Illinois.

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Botti Marinaccio, LTD.


2015 Spring Road, Oak Brook, IL 60523

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