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Anderson and Associates, P.C.

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Arlington Heights divorce lawyer

While parents are always proud when their children go off to college, there is no ignoring the immense financial burden higher education can bring, for students and parents alike. Paying for college is not easy for most families, and it is further complicated for parents currently involved in the divorce process or already divorced.

Illinois is one of the few states where a judge can order a parent to pay tuition and other college expenses if a mutual decision cannot be made. This part of family law in Illinois is called post-high school educational expenses. 

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Schaumburg child support lawyers, pay child support, child support payments,  child support obligations, Illinois family lawWhether parents are married, divorced, legally separated, or were never married, they both have an obligation to support their children financially. Failure to pay court ordered child support can result in serious consequences, and parents should be aware of the steps that courts can take to enforce a child support order and punish a parent for non-payment.

Illinois Child Support Enforcement Law

A person is guilty of the offense of “failure to support” when he or she willfully fails to meet his or her support obligations while he or she has the ability to pay them. Illinois law provides several remedies for parents who do not meet their child support obligations, including:

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Schaumburg child support attorneys, divorce judgment child support law, divorce judgment modification, parental responsibilitiesWhen parents complete the divorce process, their final divorce decree will specify how parental responsibilities will be allocated, the parents’ schedule for parenting time with their children, and the amount of child support that one parent will pay to the other. But while this is meant to be a permanent agreement (or, if parents were unable to reach an agreement, a judgment by the court), the law recognizes that people’s circumstances change, and a divorce decree may need to be modified at some point in the future.

Following the implementation of Illinois’ updated child support law, which went into effect in July 2017, parents may wonder if their divorce decree should be updated to reflect the new methods for calculating the amount of child support payments. However, before petitioning the court, they should understand when these types of modifications are allowed.

Modifications Require a Substantial Change in Circumstances

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Beginning July 1, 2017, new guidelines will be put in place for the determination of child support in Illinois. Current law bases child support calculations on a set percentage of net income. For example, the child support payment for one child is 20% of the net income of the non-custodial parent. Under the new "income shares" model, the incomes of both parents will be taken into account in the calculation.

What is the "income shares" model, and how does it work?

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