Protecting Your Rights In Child Support Cases
Child support is an often-argued issue between parents. The children deserve support from both parents, and the Illinois courts recognize this fact. When child support is an issue and you need help, turn to an experienced attorney for insight and guidance in the case.
Our legal team at Buckley & Buckley Law, P.C., has a full understanding of how child support is determined and the impact of child support on the lives of the children. From our Edwardsville office, our skilled attorneys work with both fathers and mothers in child support cases as well as other family law and divorce matters, helping them understand their rights and obligations under the law.
How Is Child Support Determined?
Before child support can be assigned to a father, he must have established official paternity of the child. However, it is not always the father paying the mother. It can go either way, and it is determined by the court’s examination of a number of factors.
Child support and who is paying is more of a formulaic and mathematical concern than parenting time and responsibilities (custody). Child support is calculated according to state-set guidelines that take into consideration each parent’s income, the number of children and the parenting time division. Once these amounts are established, a formula is used to calculate a percentage of the noncustodial parent’s income that will serve as the amount of child support to be paid.
Modification Of Child Support
In the event that one parent’s life situation changes drastically, it is possible for the amount of ordered child support to be changed. This type of modification is only warranted in the most serious, life-changing situations, such as the loss of a job, the gaining of a new job (which changes the income), a subsequent marriage or the births of additional children, among other situations. The modification must be handled by the court to ensure that the new amount is enforceable. No one should ever take it upon themselves to pay less than the ordered amount unless approved by the court, as they may be in violation of the established order and could be held in contempt.