Naperville Child Support Lawyer

Naperville Child Support Attorney

Having children is a lifelong commitment with many unforeseen challenges along the way. One such challenge may arise if you are divorcing or separating and are uncertain of how to maintain your child’s lifestyle. If you have any concerns about child support, contact a Naperville child support lawyer to have your questions answered.

When two parents are separated, it is their responsibility to provide for their children, and children have the right to child support. However, it’s important that your child support order is fair to both parties. A Naperville area attorney with knowledge of Illinois law can help you understand your options. During an emotional, frustrating time, having an attorney help guide you through the legal process can relieve some of your stress.

At Vahey Law & Mediation, LLC, we can provide you with compassionate representation and seek a child support order that benefits you.

What Is Child Support?

According to the state law of Illinois, all families may be offered and provided with child support services. Children may receive financial support in the form of payments from their parents before they reach adulthood. A child is defined as being under the age of 18 or, if still in high school, under the age of 19. These payments contribute to children’s well-being in many ways, such as:

  • Basic needs like food and clothing
  • Housing costs
  • Healthcare expenses
  • Schooling necessities
  • Extra-curricular activities

A child support order states how much, how often, and for what duration of time the paying parent will make payouts. Payment amounts vary greatly and are calculated after looking at both parents' finances. These payments come out of a paycheck and may be monthly, bimonthly, weekly, or biweekly, depending on different factors.

Child support in the state of Illinois is seen as a legal right for the child. Parents may not fail to make payments, and both are responsible for reaching an agreement. If they cannot do so, the family court will be responsible for creating an order.

A family lawyer will know how to mediate these decisions, review the facts, and reach a favorable conclusion. Even if one partner lives out of state, you may start a case for a support order.

Why Hire a Child Support Lawyer?

A child support attorney will help you navigate the confusing laws of the state of Illinois. Each household has unique situations that may require different child support orders, so your lawyer should be able to think creatively while negotiating. This is often an emotional time, and the complexities of paperwork and understanding the legal system can add more stress if you forego a lawyer.

Having representation gives you access to resources and skills needed to allow for the ideal outcome. You’ll have a foundation to begin building your case and someone to guide you each step of the way. A compassionate lawyer also works to establish your case in a timely manner. Whether you’re seeking payments or potentially paying them, a family lawyer can help you seek a fair agreement.

What Is the New Law on Child Support in Illinois?

The new law on child support in Illinois states that during any proceedings in which child support is being negotiated, a child must be able to continue to receive health insurance coverage. Starting in the year 2022, the state mandated that parents maintain ongoing insurance coverage for their children during this time.

How Much Does a Child Support Lawyer Cost in Illinois?

Hiring a lawyer can be a significant investment for your and your child's future. The cost of a child support lawyer in Illinois can vary depending on the lawyer’s years of experience, location, and the complexities of each case.

While fees can be paid in different ways, many lawyers charge an hourly rate. This means that the more time they spend on your case, the more expensive it will be. Other attorneys might charge flat fees in certain cases. While legal costs can be expensive, paying for this type of support can have positive, lasting effects for years to come.

Who Is Usually Awarded Payments?

While a court can order either parent to pay child support, custodial parents are usually awarded payments. Even if child custody is 50/50, both incomes would be reviewed. However, in most situations, the parent with whom the children are the most would be able to receive payments for supportive needs. If both parents share equal custody, the lower-income parent could be entitled to receive funds.

How Is an Amount Calculated?

When calculating an appropriate amount for child support payments in Naperville, a lawyer will look into both parents’ incomes. This is called the income shares model, and it helps determine what parents will contribute.

Some things that are reviewed may be both incomes, other expenses, health conditions, the noncustodial parent’s net income, and the number of children you share together. The state of Illinois has clear guidelines to follow while determining an amount.

More children result in a higher percentage of income being withheld from paychecks. An employer would be given an income withholding order that provides information about how much and how often a parent’s income is given to the State Disbursement Unit, which then processes these payouts to the other parent. This method of paying child support is mandated by law; you cannot pay on your own or use cash.

Your custody arrangement may also have an impact on the final amount ordered to pay. Having joint custody may lower the payment amount since you would both be contributing your resources more equally.

How Much Is Child Support for One Kid in Illinois?

Child support for one kid in Illinois can vary based on income and custody. If the ex-partners share a single child together, then a lower amount of the higher-paying, noncustodial parent’s income would be withheld for distribution. With each additional child, the percentage increases.

This is because the more children you have, the more resources like food, clothing, and shelter are needed. A support order for a single child in the state of Illinois should cover these expenses.

What if Child Support Is Not Paid or Can't Be Paid?

If child support is not paid, this can result in consequences. Even without a job, you are still bound to your court order and obligated to continue payments. If you have a career change, it is understandable that your income may have changed as well, and it might become more difficult to make the scheduled payments. If a change like this happens, you may modify the current order by speaking with a lawyer to file a petition for the change.

The parent responsible for payments must keep up with the scheduled disbursements and any changes. It is mandated by law to maintain these expectations. While adjustments may occasionally need to be made, there should still be no lapse in payments. Failure to make any payments for more than six months or over a certain amount of money can result in penalties. Some legal penalties could include:

  • Fines
  • Wage garnishment
  • Interception of taxes
  • Losing privileges like driver's license or other recreational licenses
  • Held in contempt
  • Sizing of assets
  • Imprisonment
  • Probation

If your child’s other parent is seeking unfair child support payments from you, a defense attorney can work to ensure the agreement is just.

How Far Behind in Child Support Must a Parent Be Before a Warrant Is Issued in Illinois?

A parent must be two months behind in child support before a warrant is issued in Illinois. Penalties may start out small and grow with the severity of behind payments. The more you owe, and the longer time between disbursements, the more severe the lasting effects on your future may be. Falling behind more than two months could result in an arrest warrant. Once a warrant is issued, you could be arrested and serve jail time.

If you are not receiving funds and cannot work out the issue with the other party, you have rights that can help protect you and enforce payments. Having a family support lawyer work on this arranged agreement beforehand can help avoid potential future confusion or misunderstandings by presenting clear expectations.

Support for your child also helps you. Knowing that you do not have to stress as much about meeting basic needs and supporting them through school will have a positive effect on the entire household.

It’s essential to meet a child’s physical, emotional, and mental health needs, and having child support helps do so. It helps keep their standard of living similar after a divorce or break-up. During an already troubled and emotional time, having child support can ease some of your worries and lower anxieties.

Contact Vahey Law & Mediation, LLC

Vahey Law & Mediation, LLC, can offer creative solutions for your unique child support concerns and needs. We work together to answer your questions and guide you through the process while using our experience and knowledgeable resources. You can feel safe knowing that we offer confidential services and are prepared to help you reach an optimal outcome. Reach out to our experienced attorney today.


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