Law Offices of Tedone and Morton, P.C.

Joliet Office

815-666-1285

Plainfield Office

815-733-5350

Posted on


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

Posted on

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

 

 

Posted on

Plainfield, IL divorce attorney child support

Any parent will tell you that raising children can be quite expensive. Between housing, educational and extracurricular fees, groceries, healthcare, and other costs, child-related costs can be a large part of a parent’s monthly bills. Child support can be a considerable source of financial support for a divorced parent with the majority of the parenting time. If you are planning to divorce, you may be asking yourself, “How much child support does an Illinois parent receive after divorce?”

Current Method for Determining Child Support

Illinois has adopted the “Income Shares” model for child support. According to this model, both parents’ net incomes are used to determine a support payment amount that is reasonably affordable while also providing the recipient parent with the financial support he or she needs to pay for child-related costs. If parents each care for their child 146 overnights or more every year, the parents are engaged in a “shared parenting” situation according to Illinois law. Because each parent has the child a good portion of the time, the amount of child support that the recipient parent receives is reduced. In shared parenting situations, the more parenting time that an obligor parent has, the less he or she pays in support. If parents do not have the children for 146 nights or more each year, they are not in a shared parenting situation and the obligor’s amount of parenting time does not change his or her child support obligation.

Child Support Calculations When a Parent Is Unemployed

You may be curious about how child support is calculated if a parent is not working. If you or your child’s other parent has been laid off due to COVID-19 or is otherwise out of work, you may wonder how this will affect child support calculations. Illinois courts differentiate between voluntary unemployment or underemployment and involuntary unemployment or underemployment. If a parent has been fired or laid off and makes genuine attempts to regain employment, his or her actual income will be used to calculate child support. However, if the parent quits his or her job or willingly makes less money than he or she could, his or her “potential income” may be used to determine child support. A parent’s potential income is determined using his or her past work history, education, job training, skills, and other factors.

Contact a Will County Child Support Lawyer

Divorce can be a complicated process, even after it is finalized. If you are a parent with additional questions or concerns about child support, contact a tenacious Joliet, IL family law attorney from the Law Offices of Tedone & Morton, P.C. Schedule your free, confidential consultation today. You can reach our Joliet office by calling us at 815-666-1285 and our Plainfield office at 815-733-5350.

 

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm

Will County child support lawyersChild support is intended to offset the costs of raising a child for the primary parent, which can ultimately improve the child's overall living conditions. Unfortunately, some paying parents do not seem to understand the value of their financial contribution. They dodge payments or stop making them altogether and leave the custodial parent with all the responsibility, which can cause unnecessary suffering for the child. Learn more about your options in such a situation, and discover how the assistance of a seasoned family law attorney can help to improve the outcome of your overdue child support case.

Avoid Taking Matters Into Your Own Hands

When a child is suffering unnecessarily, and the person who can help refuses to do so, parents receiving child support can become angry, frustrated, and distressed. These feelings can sometimes lead them to take matters into their own hands. Common actions involve showing up at a paying parent's home or place of employment, demanding payment, and withholding court-ordered parenting time.

Sadly, when custodial parents behave in such a way, they not only add unnecessary stress to their own life, but they also put themselves at risk for negative action from the non-custodial parent. A parent who receives support can be held in contempt if they start to withhold court-ordered parenting time from the delinquent parent, as these legal matters are considered separate by the courts. Showing up at a paying parent's home or work only puts one at risk for criminal charges (i.e. stalking, etc). Thankfully, there are more effective ways to pursue overdue child support.

More Effective Methods for Pursuing Overdue Child Support

Parents who are searching for a more effective way to recover overdue child support payments may wish to go through the Illinois Department of Healthcare and Family Services (DHFS), which has the power to garnish a delinquent parent's wages. They can also intercept tax refunds, report the overdue support to credit agencies, or suspend a delinquent parent's driver's license or professional license to recover or encourage payments. Unfortunately, the staff to case ratio is an area of concern for many receiving parents, as it can sometimes take months or years to achieve positive results through DHFS.

Contact our Plainfield, IL Child Support Lawyers

At the Law Offices of Tedone and Morton, P.C., we believe that every child deserves the love and support of both biological parents. Our Will County child support attorneys can help you recover overdue child support payments, even if you have been unsuccessful in using other methods. Depending on the situation, we may even be able to help you collect interest on the past-due payments. Start by calling 815-733-5350 and scheduling a free consultation with our offices today.

Sources:

https://www.illinois.gov/hfs/ChildSupport/parents/Pages/FAQs.aspx#remedies

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

  • Badges and Associations
  • Badges and Associations
  • Badges and Associations
Back to Top