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Anderson and Associates, P.C.

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Arlington Heights COVID-19 Child Support AttorneyThe Coronavirus Pandemic has created a financial crisis for many families throughout Illinois. Workers have already been laid off or faced severe reductions in hours.  New unemployment claims in Illinois increased by 178,000, or 1,833% for the week ending March 28, 2020, from the same week one year earlier. Many families in Illinois will struggle to pay their ordinary and necessary living expenses including rent, mortgage, and other bills.  This financial hardship will be especially difficult for divorced or divorcing parents in Illinois to pay their court ordered child support. 

In Illinois, child support and the modification of child support are governed by the Illinois Marriage and Dissolution of Marriage Act.  Under the Act, once entered by a court, child support orders continue and remain in effect even though you may not be financially able to pay your child support.  To mitigate economic harm as much as possible, payors of child support must take immediate action to file a motion for the modification of child support upon the occurrence of substantial change of circumstance including, unemployment, reduction of income or other substantial change in ability to pay child support.  In Illinois, modifications of child support are retroactive to the date the moving party filed and served notice of the motion to modify child support to the other parent.

If you have experienced a substantial change of circumstance including, unemployment, reduction of income or other substantial change in ability to pay child support,  please call the law offices of Anderson & Associates, P.C. today to speak with an experienced family law attorney to discuss the modification of child support.

Schaumburg child support lawyer

When parents get a divorce, they are still responsible for taking care of their children. How this is orchestrated may change, but every child has the right to receive support from both of their parents, emotionally and financially. This is why when parenting plans are created, a judge will likely keep both parents involved in the child’s life unless there are extreme circumstances, such as abuse. Child support is how the noncustodial parent will financially contribute to the child’s well-being. 

Determining Child Support

When child support is calculated in Illinois, both parents’ net incomes are considered using an "income shares" model. The numerical amount of support that parents are responsible for is based on their percentage of combined net income. The paying parent is usually the person who has the least amount of parenting time. Child support for the main custodial parent is implied. Money paid for child support goes toward basic needs, medical costs, and school expenses for the child only. 

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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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