Aurora, Illinois Child Support Lawyer

Divorce Attorney Assisting Parents With Calculating Child Support Payments in Kane County, IL

When parents divorce, they both have a legal duty to provide financial support for their minor children, ensuring that children's physical and emotional needs are being met. In many cases, the non-custodial parent will pay child support to the custodial parent, but due to recent changes to Illinois law, calculating the amount of these child support payments is often very complicated, requiring the assistance of an experienced attorney.

At Swearingen Law Offices, we work to help our clients understand Illinois' child support statutes and ensure that children receive the correct amount of financial support. Attorney Brad Swearingen has over 38 years of experience representing clients in divorce cases, and with his understanding of the laws, you can be confident that all financial aspects of your situation will be taken into account when calculating child support.

Child Support Calculations in Illinois

In 2017, an update to Illinois statutes went into effect, creating a new method of calculating child support payments that bases the amount of support on both parents' income and the amount of parenting time each parent has with their children. Child support payments are determined using the following process:

1. Both parents' net incomes are determined, and these incomes are added together to determine a combined net income.
2. A Basic Support Obligation is determined using tables provided by the Illinois Department of Healthcare and Family Services. The amount of this obligation is based on the combined net income and the number of children being supported, and it is meant to represent the amount that parents would typically have spent to care for their children if they had remained married.
3. The Basic Support Obligation is allocated between the parents based on the percentage that each parent contributes to the combined net income. The paying parent will pay their portion of the obligation to the other parent. The receiving parent is presumed to be directly contributing their portion of the obligation toward caring for their children.

In cases when children stay overnight with each parent for at least 146 days each year, additional calculations will be required to divide the basic support obligation between parents based on their percentage of parenting time. In addition to the basic support obligation, parents may be required to contribute to other expenses, including child care, medical insurance, and extracurricular activities.

Complications When Calculating Child Support

While the method for calculating child support obligations may seem relatively straightforward, these calculations can become incredibly complex, especially when one or both parents earn a large income. While the Illinois Department of Healthcare and Family Services has provided tables that allow for the simple conversion of gross income to net income based on standardized tax amounts, it is still necessary to determine each parent's actual net income before determining their child support obligation.

One issue that often arises when calculating net income is itemized tax deductions. The base calculations for determining net income do not take these types of deductions into account, so it is very important to fully understand how these deductions affect a spouse's net income.

Contact a Kane County Child Support Attorney

Child support calculations can be very complicated, especially when deductions are involved, and the correct amount of child support payments cannot be determined by simply plugging numbers into a formula. At Swearingen Law Offices, we will take the time to fully examine spouses' finances and ensure that both parents provide their children with the financial support they deserve. Contact an Aurora divorce lawyer today at 630-820-8877 to schedule a consultation. We serve clients in Aurora, North Aurora, West Chicago, Warrenville, Batavia, Naperville, and throughout Kane, Kendall, and DuPage Counties.