In any divorce involving children, each parent’s financial support for the child’s needs will be a significant factor in the proceedings. To ensure fairness, Illinois uses the income shares method to determine a parent’s level of child support. It is based on a proportion of the parents’ combined net income. Our attorneys have experience in child support cases and can determine the appropriate levels that you and your spouse should be expected to contribute to your child’s daily and long-term needs.

Factors in Income Shares Method

The basis of the income shares method is the combined net income of both parents. In cases of unemployment or underemployment for one or both spouses, the court can estimate their potential income and use that amount as the basis for the rest of the calculations. To determine the level of basic support that the child or children need, the court will include the costs of food, clothing, education, transportation, medical costs, personal care needs, and other daily expenses. The basic support amount will then be correlated to a monthly cost based on the parent’s net income using a formula developed by the Illinois Department of Healthcare and Family Services. Each parent will contribute to the monthly basic support expenses based on their proportion of the combined net income. The greater a parent’s share of the combined income, the greater level of support a parent is expected to contribute. 

The parent with the majority of the parenting time receives child support payments from the parent with less parenting time. The parent with the majority of parenting time is expected to make his or her share of the financial contributions by caring for the child and meeting the child’s daily needs. 

Establishing paternity creates the legal father-child relationship. Confirming paternity is the first step in ensuring that a child will receive the financial support that they need through child support. It is also the first step in establishing the legal rights and responsibilities of the father. For unmarried couples in Illinois, paternity can be established by signing a Voluntary Acknowledgement of Paternity (VAP) form. However, if this is not possible, paternity may be established through an Administrative Paternity Order or an Order of Paternity through the court system. If you are involved in a paternity case, as either the mother or the father, it is important to work with attorneys who can represent you and your case effectively. 

How a VAP works

A VAP is a legal document that establishes the paternity of the child of unmarried parents. It is available to be filled out at the hospital after a child is born and can be completed at the same time as the birth certificate. If the parents prefer to take the form home to read and then complete it, it must be filled out and signed in the presence of a witness who is at least 18 years old. It can be filed at any time after the child is born. 

Once a man signs the form, he is officially the child’s parent in the eyes of the law. The father may also be subject to a child support order. Both parents are responsible for providing for the child, including medical care and can be liable for child support payments if they later separate. In a case where you are not sure who the biological father is, you should not sign the VAP. Paternity in this case should be determined by genetic testing.

As children get older, jobs are found and lost, and living situations change, the original agreements that you reached after your divorce may need to be changed too. The settlement that you and your spouse agreed to can be legally amended through mediation, negotiation, or litigation. Based on the reasons for the change, there may be changes to payments for child support or spousal support, or changes to child custody and visitation arrangements. We can work with you to determine whether pursuing a modification is the appropriate action and how best to pursue the action. 

Common Reasons for Post-Decree Modification

Here are seven common reasons why modifications are needed after a divorce:

• Changing financial situation due to a new job, loss of job, or other factors - This can be triggered by a change in one or both spouses' financial situations. Based on the initial agreement, payments of child support or spousal support can be increased or decreased. For example, if the parent making payments receives a higher paying job, the parent receiving the payments may seek more in support. However, the loss of a job may result in the parent making payments to request that they are responsible for lower payments. 

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Adding another member to your family through adoption is a life-changing decision. Many considerations are factored into the adoption process to ensure a child is adopted into the right permanent home. Parents in Illinois looking to adopt can do so in various ways, including private adoptions, adopting through an agency, or adopting as a secondary family member. Suppose you are looking to adopt a child into your home. In that case, it is a good idea to hire a family attorney who can help prepare you for the legal investigation and navigate your family through the processes. 

Becoming a Foster or Adoptive Parent 

Parents can take two key avenues to bring a child into their home. The first way may be through foster care. Children who have been separated from their families or removed from their homes may be in state custody and placed into foster care. That child's welfare team will look to place a child with a temporary family who can promote that child's best interest while preparing to move the child into a permanent home through adoption. A foster parent is responsible for:

• Maintaining the child's health and well-being, including shelter, food, clothing, and medical needs

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 Divorcing your spouse presents many complex situations such as division of assets, determining financial responsibilities, and, when children are involved, agreeing upon child custody arrangements. Dealing with children during a divorce is difficult for all family members. Typically, parents and the court try to remain neutral and make arrangements that are in the children's best interests when determining custody. However, there are circumstances where parents are not awarded the custody or parenting time they would like with their children. Extenuating circumstances from the parent's past may present a hurdle when fighting for child custody.

Having a Criminal Record While Fighting For Custody

When judges determine custody during a divorce, they will consider many different factors. As mentioned, the court wants to create the best environment for the children. The judge will take into account:

• Which parent is remaining in the marital home

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