Law Offices of Tedone and Morton, P.C.

Joliet Office

815-666-1285

Plainfield Office

815-733-5350

joliet divorce lawyerWhen parents decide to proceed with a divorce, many changes to the family occur. From dividing assets to child support, a divorce decree is set to ensure that both spouses continue their financial obligations to the family. Child support orders are set based on the financial health of both parents during the time of the marriage dissolution. However, finances, jobs, and spending habits change over the course of a person’s life. If a change in your financial situation has left you unable to afford your child support payments, you may be eligible to alter your child support order

Step 1: Find a Skilled Family Attorney 

Changing a child support order can be a difficult process. A divorce decree is a legally binding document, so a person cannot just hold off on making payments that align with a court order. When a person becomes unable to afford their child support, it is important to first reach out to a family attorney who can walk a parent through the process of petitioning for a change. A lawyer can help navigate the legal process of modifying child support in a timely and legally correct manner. 

Step 2: Prepare Your Financials 

If you are looking to petition for a change in child support and have found a trustworthy lawyer that you are prepared to work with, the next step is to prepare your financial documentation. The court will need to see proof of your financial change that resulted in an inability to afford payments. A lawyer can be handy during this process. Your lawyer will be able to help select the best documentation that represents your case and file it correctly during your petition. Were you fired from your job? Did you suffer from a recent salary cut? Do you have new expenses such as medical payments that prevent you from affording your child support? There must be documentation to show the situation at hand clearly. 

Step 3: File a Child Support Modification Petition 

You cannot simply stop paying child support if you cannot afford it. However, you may be able to modify the amount you are paying. To change a child support order in Illinois, you must file for a petition for child support modification through your county court. The court will review the documentation you have prepared, which may include:

  • Your past financial health

  • Your current salary

  • Changes in employment 

  • Changes in necessary payments for external circumstances (medical bills, debt)

Your attorney can help you proceed through the petitioning process and help grant you an alteration in your child support order. In the case that your petition is denied, an attorney may be able to continue fighting for you. 

Speak With a Joliet Child Support Lawyer 

At Law Offices of Tedone and Morton, P.C., we understand that changes in financial situations occur during a person’s life. If you have recently experienced a drastic change that has left you unable to afford your court-ordered child support payments, our Joliet, Illinois family attorneys may be able to help you. To schedule a free consultation with us today, call 815-666-1285

 

Source(s):

https://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm

 

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plainfield divorce lawyerParents who divorce or who are not married when the child is born are often subject to court orders, including child custody orders and child support orders. Presently, Illinois law does not use the term child custody or visitation. Instead, the law describes parenting duties in terms of “parental responsibilities” and “parenting time.” Parenting time is the amount of time the parent spends caring for the child. If you are a divorced or unmarried parent, it is important to understand the relationship between parenting time and child support.

Are Child Support Payments Based on the Amount of Parenting Time?

Illinois child support payments are calculated using the Income Shares formula. Both parents’ incomes are used to determine the amount of financial support the child should receive. This amount is split between the parents based on their respective incomes. The parent with the least amount of parenting time pays his or her share of this financial support to the parent with the most parenting time.

The amount of parenting time a parent is responsible for does not typically influence child support payments. However, there is one exception: If both parents have 40 percent or more of the parenting time, this is a “shared parenting” arrangement. In a shared parenting situation, the amount of child support the paying parent pays is affected by how much parenting time each parent has.

Does a Parent Still Have to Pay Child Support if They Have No Parenting Time?

Some parents assume they can forgo child support payments if they do not have any parenting time with the child. To be clear, child support obligations are completely separate from custody or parenting time decisions. A parent must pay child support even if they are denied parenting time by the court. Failure to pay child support is considered a serious offense punishable by property liens, wage garnishment, and in extreme cases, jail time.

Furthermore, a parent may not withhold parenting time from a parent who has court-ordered parenting time because that parent did not pay child support. For example, if a father has parenting time with the children on the weekends, the mother cannot keep the child during the weekends as a “punishment” for the father’s failure to pay child support. Doing this violates a court order and may result in significant consequences.  

Contact a Joliet Family Law Attorney

The Plainfield family lawyers at Law Offices of Tedone and Morton, P.C. can help you establish, modify, or enforce child-related court orders, including parenting time orders and child support orders. Call us at 815-666-1285 for a free, confidential case assessment.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm

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Joliet divorce attorney for Child SupportParents are expected to financially support their children and provide for their needs. When parents are married or living together, they will usually combine their finances to cover all of their household expenses and any other costs involved in raising their children. However, the issue of financial support becomes more complicated when parents get divorced or split up. In these cases, child support orders will need to be established to ensure that both parents will contribute toward their children’s needs. Parents will want to understand what expenses are covered by child support and whether they will need to address any other costs related to raising their children.

Basic Child Support Obligations and Additional Expenses

In family law cases involving the custody of children, child support obligations will be calculated based on the total income earned by both parents. This is known as a “basic child support obligation,” and it is meant to represent the amount that a couple would have spent to cover their children’s needs if they were still married or living together. The total amount of this obligation will be allocated between the parents based on their individual income levels. In cases where parents divide parenting time equally or when children spend near-equal amounts of time in each parent’s home, additional calculations may be performed to ensure that the parents’ financial obligations address the percentage of time children live with each parent.

As the name implies, the basic child support obligation is meant to address children’s daily needs and cover expenses such as groceries, housing, utilities, and clothing. However, there are several other types of expenses that parents will usually need to address, and these expenses may be added to the parents’ child support obligations. These may include:

  • Child care - Children may attend daycare while parents are working, or other forms of child care may be used, such as a nanny or babysitter. Any child care costs that are necessary due to a parent’s employment may be divided between the parents.

  • Healthcare - Parents will generally be required to ensure that children are covered by health, dental, and vision insurance, and they will usually divide the costs of monthly health insurance premiums needed to maintain this coverage. Parents may also need to divide other medical expenses, including co-pays, medications, orthodontic care, therapy or psychological treatment, and any extraordinary needs for children with physical or mental disabilities.

  • Educational expenses - Parents will usually be required to share the costs of school fees, private school tuition, tutoring, and any other expenses related to children’s education.

  • Other expenses - Children may participate in activities such as sports, music lessons, dance classes, gymnastics, or scouting, and parents may divide the fees for these activities and the costs of equipment or transportation. Any regular expenses that do not fall into the categories described above may also need to be addressed, and parents may agree on how to share these costs.

Contact Our Will County Child Support Lawyers

During your divorce or child custody case, the Law Offices of Tedone & Morton, P.C. can help you make sure child support will be addressed correctly. We will advise you on what expenses you will need to consider, and we will help you make sure your child support order will fully address your children’s needs. To set up a free consultation, contact our Joliet child support attorneys at 815-666-1285.

Source:

 

https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm

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IL family lawyerDid you know that the total cost of raising a child to adulthood is estimated at over a quarter of a million dollars? Covering housing, food, and other costs without help from the child’s other parent can be extremely difficult if not impossible. Parents have not only an ethical responsibility but also a legal responsibility to financially support their children. Child support is the mechanism through which parents share child-related costs in Illinois. Read on to learn what you can do if your ex is not paying child support.

Establish a Child Support Court Order

Some parents assume that they do not need a formal child support court order, so they make a casual arrangement with the other parent. Perhaps your child’s other parent was giving you funds to help pay for housing or childcare on a weekly or monthly basis but has suddenly stopped. Unfortunately, the court cannot enforce a handshake child support agreement.

The best way to ensure that and your child will get the financial assistance you need is to petition the court for a child support order. If your child’s father is not providing financial support, he is not on the child’s birth certificate, you must establish paternity before you can ask for a child support order. Paternity may be established in one of three ways in Illinois:

  • You and the father sign a Voluntary Acknowledgement of Paternity (VAP) form
  • You obtain an Administrative Paternity Order through the Illinois Healthcare and Family Services (HFS) Division of Child Support Services
  • You obtain an Order of Paternity through the court system

Enforcing Child Support When You Have a Court Order

If your child’s other parent is subject to a child support order but is refusing to pay, you will need to take steps to enforce the order. The Illinois Department of Healthcare and Family Services has the authority to collect child support from a non-paying parent by placing a lien or the parent’s bank account, intercepting the parent’s tax refund, collecting from unemployment benefits, and through other means. You may also enforce a child support order through the courts. The parent may have his or her wages garnished or even be held in contempt of court.

Contact a Will County Child Support Lawyer

If you need to establish paternity, petition the court for a child support order, or force a non-paying parent to pay his or her fair share of child support, a Plainfield child support attorney can help. Call the Law Offices of Tedone & Morton, P.C. at 815-733-5350 for a free consultation. Our Joliet office can be reached at 815-666-1285.

 

Source:

https://www.investopedia.com/articles/personal-finance/090415/cost-raising-child-america.asp

Will County child support attorney

The cost of going to college increases with every passing year. If you are like many parents, you probably have concerns about how to finance your child’s college education. You may wonder how college expenses are dealt with when parents are unmarried or divorced. Does Illinois require parents to help pay for college? Does the parent who pays child support automatically pay for university-related expenses? Whether your child is college-aged or you still have a few years before he or she heads off to university, it is important to know how Illinois law deals with college expenses.

Child Support for College Students in Illinois

College expenses are handled differently than typical child support. When the child is still a minor, it is presumed that the obligor pays child support. Regular child support typically ends when the child turns 18 and graduates from high school. Once the child is an adult, this presumption no longer exists. It is up to the parent seeking non-minor child support to show that non-minor support is appropriate. Per Illinois law, courts may require one or both parents to contribute to college expenses, but this requirement is not automatic.

When deciding whether or not to order child support for post-secondary expenses, Illinois courts consider each parent’s financial circumstances, the child’s income or assets, the standard of living the child would enjoy if the parents were married, and the child’s academic records.  

How Much Each Parent Must Pay Toward College Expenses

As with other family law issues, parents may be able to negotiate an agreement about how much each parent will contribute toward their child’s college education and submit the agreement to the court for approval. If an agreement cannot be reached, the court has the authority to allocate college expenses between the parents.

Parents may be ordered to contribute to their child’s tuition and fees, housing expenses, books, living expenses, and other education-related costs. There is a statutory cap on what parents can be ordered to contribute to a child’s college expenses. Illinois uses the current cost of tuition and housing at the University of Illinois at Urbana-Champaign to set this cap. Parents are only required to pay for their child’s undergraduate degree. Furthermore, non-minor support for college expenses may terminate if the child does not maintain at least a “C” grade point average.

Contact a Will County Non-Minor Child Support Lawyer

The cost of college tuition and housing can be astronomical. For help understanding your rights and obligations regarding non-minor child support or for help petitioning the court for non-minor support, contact an experienced Joliet, IL child support attorney at Law Offices of Tedone & Morton, P.C. Call to schedule a free consultation at 815-666-1285 or 815-733-5350.

 

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050K513.htm

 

 

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