Wheaton Child Support Lawyers

Supportive Lawyers Helping Parents With Child Support Payments in Wheaton, Illinois

Parents have an obligation to provide for the well-being of their children. During a divorce, a judge will usually put an order of child support in place to ensure that the child's needs are met. A child support order is legally enforceable, with serious repercussions for failing to pay without good reason.

A family law attorney at Roberts PC can help you navigate complex issues related to child support, whether you will be paying or receiving financial support from your former spouse or partner. We have the resources and knowledge to protect your rights in a court of family law. If necessary, we can help you enforce or modify child support payments, helping you build a strong case.

How Is Child Support Decided in Illinois?

When addressing issues related to child support, the court will take different factors into account, such as how much time the child will spend with each parent in a custody agreement and how much income both parents earn. Child support obligations may be lower if the child spends a roughly equal amount of time at both parents' residences, but a judge can still award child support even in a 50/50 split.

Generally, the parent who spends less time with the child will be required to make child support payments. The amount paid in child support will reflect the amount that would be spent on the child in a hypothetical shared household, as if the parents had never gotten divorced or broken up. This financial support will go towards the child's needs, such as food, housing, education, and clothing. Additional child-related expenses may be added to a child support order, such as medical and educational costs or child care. An attorney at Roberts PC can represent you during negotiations for child support, arguing for a favorable outcome on your behalf.

How Long Does Child Support Last?

In Illinois, child support continues until the child turns 18. If the child is still in high school when they turn 18, support can be extended until their graduation or when they turn 19, whichever comes first.

There are exceptions to this rule. First, if a child has a profound physical or mental disability that would threaten their independence, an order of child support might continue indefinitely.

Secondly, a judge may require parents to contribute to a child's college expenses, such as tuition or room and board. This support is not unconditional, and it can be terminated if the child marries during college, turns 23 before graduating, or falls below a C average during their studies. Other factors, such as the financial situation of both parents, the costs of college, and the resources available to the child may be considered when determining parents' requirements to contribute to college expenses.

Modification and Enforcement of Child Support Orders

There are some circumstances in which you can petition for a modification of child support. If you wish to have the payments suspended or adjusted, you must demonstrate that there has been a significant change in your circumstances. A judge may approve a modification if your ability to pay child support has changed due to circumstances outside of your control, like a layoff or a serious injury. Changes in your child's needs may also be a reason to modify child support payments.

If your co-parent is delinquent on child support payments, you can take the matter to court to get what you are owed. A judge can enforce an order of child support by issuing a wage garnishment order that will take the late payments directly from your spouse's paycheck or other earnings. Failing to pay child support for more than six months without good reason is a misdemeanor offense, punishable by up to a year of incarceration.

Meet With a Wheaton, Illinois Child Support Lawyer

Child support is a serious responsibility that may impact your life for years to come. If you have any concerns about a court order of support, a family law attorney at Roberts PC can provide you with legal guidance. For a free initial consultation, contact us online or call us at 630-668-4211.