Child Support Attorneys in DuPage County

The attorneys at Tameling & Associates have over 40 years of experience fighting for child support arrangements that are fair and protect the financial future of your children. Call our Oak Brook office at (630) 394-5944 or contact us online to set up a consultation.

A divorce invites a number of difficult issues for spouses, with the help of our attorneys and the guidance of Illinois law, to work out. How to care for their children is certainly one of those issues, with child support an integral part of the overall divorce settlement.

How Is Child Support Determined in Illinois? 

Child support is aimed at meeting the basic expenses that come with raising children. These include the costs of housing, clothing, and food. Recent changes to Illinois law looks at the financial resources and parenting time of both parents to determine the amount of support that must be paid. There is a formula that the courts use to calculate child support based on the statutory factors. Child support is calculated the same way whether the parents are married, divorced, or never married.

Moreover, a parents’ financial responsibility can extend beyond child support. The costs of raising children are not limited to housing, clothing, and food. Medical expense, sports and music lessons, school expenses for books and supplies, and ultimately college tuition are some of the additional responsibilities that must be divided between both parents. 

Child support is also distinct from maintenance. Maintenance deals with only the financial needs of the spouses themselves and is considered with the parties were legally married. If parents are not married, then maintenance is not considered. The purpose of maintenance is to allow both spouses to live in a similar lifestyle as they had during the marriage, at least to the greatest extent possible. Child support, on the other hand, is money directly intended for the children. 

Can Child Support Last Past Age 18? 

The age of 18 is the general cutoff point for when child support obligations cease, but there are exceptions. If a child is still in High School on their 18th birthday, support obligations can extend until graduation. When a child has a disability that prevents him or her from being self-supporting, then support may continue up to age 25. Every situation is unique and depends on the facts of your specific case. 

In some circumstances, there may be a child support arrearage that is owed. Even though child support would stop accruing at age 18 or graduation from High School, that arrearage still must be paid. 

College expenses are also an issue to address. While it may not be called child support, the courts will consider the parents’ ability to contribute toward college and make a determination as to how much each parent must pay. 

The experienced attorneys at Tameling & Associates can assess the facts of your case to fight for you. We can be reached at (630) 394-5944 or here online to set up a consultation.

Can Child Support be Modified?

The short answer is yes, however, you must meet the legal criteria for modification of judgments. It is not uncommon for the parent who is making child support payments to deal with financial hard times. In these case, it is possible–but not guaranteed–that the court will allow for reduced payments to allow for financial hardship.

Whether the court will grant a modification request will depend on several factors, one of which is the reason for the financial hardship. The parent who was laid off from work is more likely to find a sympathetic ear than the parent who quit their job or voluntarily took lower-paying employment.

If a parent is seeking modification, we cannot emphasize enough that they must keep making the regular payment until such time as the court approves the modification request, even if the parent who receives the support payments is sympathetic. Every situation is unique. Our attorneys can assess the facts of your case and advise you accordingly. 

What Happens When Child Support Isn’t Paid?

A child support order comes from the court–even if it was agreed on by the parents in negotiation, the final settlement is still subject to judicial approval and carries with it the binding force of a court order. The failure to adhere to a court order means one can be charged with contempt of court. A Petition must be filed in court and a Hearing will take place to determine if the non-complying party should be held in contempt. 

Each situation is unique. Our attorneys can help you navigate the complexities of child support other financial responsibilities of each parent, including college expenses, medical expenses, and more.

Tameling & Associates has been helping parents make difficult child custody decisions since our founding over 25 years ago. That experience has given us the ability to look ahead and understand issues that may arise and are best addressed during the pendency of your case.

Call our Oak Brook office at (630) 394-5944 or contact us online to set up a consultation. Also serving Cook, Kane, Will and Kendall counties.