Child Support Lawyer in Hoffman Estates 

Advocating for Your Child's Financial Security in Cook County

No matter how contentious your divorce proceedings are, you may have certain financial obligations to help care for your child or children. Determining this is based on a number of personal and professional issues, including whether or not you have sole or joint custody and what your employment situation is.

Despite your circumstances, your first responsibility should be for the care and well-being of your children. Child support should never be used to leverage a legal advantage against your ex-spouse, nor should they seek more than is necessary to maintain your child’s way of life. At the Law Firm of Caryl Jacobs Gabe, Ltd., our Hoffman Estates child support attorney works with you and your former spouse to determine a plan that works best for your family.

Discuss your child support case with our child support lawyer in Hoffman Estates. Call now at (847) 278-2851 or reach out online to schedule a consultation.

How is Child Support Calculated in Illinois?

In Illinois, the minimum amount of child support a non-custodial parent should pay is determined by the number of children they need to support and their financial needs. Typically, this starts at 20% of the parents’ net income for one child, and can be up to 50% of the net income for six or more children.

Key Factors Influencing Child Support Decisions

• The child’s financial needs, including health care and education expenses
• The financial resources of the parent who has custody
• The child’s standard of living before the divorce
• The financial needs of the non-custodial parent
• The child’s age, physical and emotional condition
• Parents’ assets, including payments from a previous marriage
• Insurance costs; work expenses, such as union dues, taxes, and debts

How is Child Support Established in Illinois?

Child support is typically established through a family court order. In Illinois, either parent can request child support through the court system, and the court will use the state’s child support guidelines to determine the amount. If parents are not married, child support can be requested as part of a paternity case. In divorce cases, child support is usually included in the final divorce settlement.

Once the court has determined the appropriate amount of child support, a legal order will be put in place. This order will outline how much the non-custodial parent is required to pay, how often payments must be made, and other conditions related to the support of the child. The child support order will remain in effect until the child reaches the age of 18 or graduates from high school, whichever is later, or until a court order is modified.

A Hoffman Estates child support lawyer can help you navigate the process of establishing child support, ensuring that all relevant factors are considered and that your child receives the necessary financial support.

How to Modify Child Support Orders in Cook County?

Some common reasons for modifying child support include:

• Significant Change in Income: If the non-custodial parent experiences a significant increase or decrease in income, this may warrant a modification of the child support order. For example, if a parent loses their job or receives a promotion, the amount of child support may need to be adjusted accordingly.
• Changes in Parenting Time: If the custody or parenting time arrangement changes, such as one parent gaining additional time with the child, the child support order may need to be modified to reflect this change.
• Changes in the Child’s Needs: As children grow older, their needs may change. For example, if the child requires special education, medical treatment, or additional extracurricular activities, these factors may impact the amount of child support ordered.
• Change in the Custodial Parent’s Living Situation: If the custodial parent’s circumstances change, such as their income or living expenses, the court may consider these factors when determining whether a modification of child support is necessary.

How to Enforce Child Support Orders?

The following are common ways to enforce a child support order in Illinois:

• Wage Garnishment: One of the most common methods of enforcing child support is wage garnishment, where the child support payments are deducted directly from the non-custodial parent’s paycheck. The court can order the employer to withhold a portion of the parent’s wages and send it to the Illinois Department of Healthcare and Family Services for distribution.
• Contempt of Court: If the non-custodial parent willfully fails to pay child support, they may be held in contempt of court. A contempt finding can lead to various penalties, including fines, property liens, and even jail time.
• Suspension of Driver’s License: In some cases, the court can order the suspension of the non-custodial parent’s driver’s license if they are not paying child support. This is typically used as a tool to encourage compliance with child support orders.
• Intercepting Tax Refunds: The state can intercept federal and state tax refunds from the non-custodial parent to satisfy overdue child support payments.
• Seizing Assets: In extreme cases, the court can order the seizure of the non-custodial parent’s assets, including bank accounts or personal property, to cover unpaid child support.

We serve clients across the suburbs of Chicago from our offices in Palatine (by appointment only) and Hoffman Estates. To schedule an appointment during our flexible office hours, reach out for a free child support consultation by calling (847) 278-2851.