While the divorce process itself can be expensive, involving legal fees and costs related to dividing property and making new housing arrangements, spouses will also need to make a number of adjustments to their budgets going forward. This is especially true for parents since they will both need to shoulder the costs of raising their children. In many cases, child support will ensure that children's needs are met, and parents will want to understand the methods used to calculate these obligations.
To ensure that child support is addressed correctly during your divorce, you will want to work with a lawyer who can explain your rights and protect your financial interests. At NN Legal Group, we can make sure your children will have the necessary support while also helping you put yourself in a position for success once your divorce has been finalized. With over 12 years of experience, Attorney Nicolas Nelson can provide you with the advice and guidance to help you address your legal issues successfully, and he will provide you with representation throughout the divorce process and work with you to accomplish your goals.
As with the laws addressing other aspects of the divorce process, such as the allocation of parental responsibilities and parenting time, Illinois has revamped its child support laws in recent years. In the past, child support would typically be paid by the non-custodial parent, and that parent's financial obligations toward their children would be calculated by taking a percentage of their income. However, this method was somewhat antiquated, since it was based on situations in which one parent would earn the majority of a family's income, while the other parent would serve as a homemaker and focus on child-rearing and household duties.
In today's world, parents' roles and responsibilities have shifted. In many families, both parents work outside the home and contribute income toward the household, and they also share the responsibility of caring for children and performing work in and around the home. The child support laws in Illinois have been modified to reflect this, and when calculating each parent's financial obligations toward their children, both of their incomes will be considered, and each parent's amount of parenting time may also be a factor.
Child support is calculated by determining a "basic child support obligation" that represents the amount that parents would normally have spent to provide for their children's basic needs if they had stayed together. This amount is determined based on the total net income earned by both parents and the number of children they have together. Net income is determined by taking a parent's gross income and subtracting taxes, child support obligations from a previous relationship, and current or previous spousal maintenance obligations.
The basic child support obligation is divided between the parents depending on how much each party contributes to their combined net income. For example, if one parent earns 70% of the combined income, they will be required to pay 70% of the total amount of child support. In most cases, the parent who has the minority of the parenting time will pay their portion of the child support obligation to the other parent. In cases involving "shared physical care" where each parent has at least 40% of the total amount of parenting time, additional calculations may be performed, and each parent's portion of the basic child support obligation will be modified based on the percentage of time the children spend with the other parent.
The basic child support obligation is meant to cover children's basic needs: food, clothing, and shelter. However, there are a variety of other costs involved in raising children, and these may be added to the parents' child support obligations. Typically, parents will need to divide the costs of medical care, including health insurance coverage, as well as educational expenses such as school fees, school supplies, and the costs of participating in extracurricular activities. Divorced parents also have the obligation to help their children with college expenses.
There are many different factors that go into calculating child support obligations. The attorneys of NN Legal Group can help you understand your child support requirements under Illinois law, and we will work with you to make sure these matters are addressed correctly. Contact us by calling 630-474-0925 to arrange your complimentary consultation. We provide representation in family law cases throughout DuPage County, including Wheaton, Carol Stream, Addison, Bloomingdale, Glen Ellyn, Glendale Heights, Villa Park, and Lombard. Hablamos Español.