Both parents, whether married to one another or not, have a duty of support to their child(ren). Illinois has specific rules for calculating financial support to ensure minor children are provided for. The right to receive support belongs to the child, NOT the parents. Although parents can enter into agreements about child support, such agreements must, at a minimum, meet the guidelines set by law and receive court approval.
Calculation of Support:
The Court will use both parties gross income to calculate and determine support.
Gross income includes all income from all places (including but not limited to the following);
Gross income does NOT include
*Payments received from public assistance programs (TANF, SSI, SNAP)
*Payments received for other children in the household (child support, survivor benefits or foster care payments)
There are additional factors that the court considers when calculating parenting time, including the amount of parenting time each parent has.
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Modification of Child Support
Under Illinois Law, child support is based, on both parent's income. Although the court can deviate from this schedule, there must be some compelling reason to do so. Child support may be modified if there is a substantial change in circumstances, which includes an increase or decrease in income.
Are you over paying child support? Are you not receiving enough child support?
Allocation of Parental Responsibility –formally Child Custody
Allocation of parental responsibility concerns the living arrangements, education, religion and health care of the minor children and many other decisions for your minor children. We can help through mediation and other means to establish a parenting plan that works for your family. If you and your partner cannot agree, you may need to litigate the plans for your child’s future and parenting time (formally know as visitation) in court.
Our firm handles allocation of parental responsibility cases of all types, including cases involving children's attorneys and psychological experts. Our firm offers tenacious advocacy on behalf of clients, working diligently to secure results that enable our clients to enjoy the companionship and love of their children.