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Kane County divorce attorney child support

When a couple gets divorced, there are many issues that need to be addressed. The amount of child support a parent pays is calculated using the “Income Shares” model in Illinois. Both parents’ net incomes are used to determine a child support payment amount that is reasonably affordable yet still provides the recipient parent with the financial support he or she needs. However, when the parents’ circumstances change, the child support order may no longer be appropriate. If you are interested in modifying the amount you pay in child support, you will need to show that a child support modification is warranted.  

Modifying an Illinois Child Support Order

In order to qualify for a modification, you will need to show that there has been a “substantial change in circumstances” that justifies the change or that the current order does not adequately address the child’s health care needs. You may also be granted a modification if the child support obligation significantly differs from the statutory guidelines in the Illinois Marriage and Dissolution of Marriage Act.

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Kane County divorce lawyer pregnancy paternityCountless issues can complicate the already complex legal process of ending a marriage. One of these complicating factors is pregnancy. If you or your soon-to-be ex-spouse is pregnant, and you plan to divorce, you probably have many questions and concerns. You may wonder how parental responsibilities and parenting time will be determined, or you may have worries about child support. Getting a divorce while a spouse is pregnant is possible under Illinois law, but it can be challenging both personally and legally.

Establishing Paternity of Your New Child

Paternity refers to the legal relationship between a father and a child. Illinois law presumes that when a married woman has a child, her husband is the child’s biological and legal father. The father does not need to take any additional steps to establish paternity. This is also true if the baby was conceived while the couple was married but is born after their marriage is dissolved. A father who has established paternity has the right to parenting time and may also have certain obligations, such as child support payments. 

If a woman conceives a child during her marriage, but her husband is not the child’s biological father, the situation becomes more complicated. The presumed father may need to terminate his parental rights so that the biological father can establish his own parental rights. In some cases, a DNA paternity test may be needed to verify the biological relationship between the child and the father.

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Kane County family law attorneysWhen parents get divorced or are unmarried, one parent may be required to pay the other child support in order to share the costs of raising the child. Child support payments can be a considerable expense and sometimes parents may have trouble paying child support. Children have a legal right to receive financial support from both of their parents. If a parent is ordered to pay child support and he or she fails to make payments in full and on time, he or she can face serious civil and even criminal consequences.

Requesting a Child Support Modification

When the court issues a child support order, it is intended to be fair and reasonable based on the parents’ financial circumstances and the child’s needs. However, sometimes those circumstances change and the parents need to change their child support order. In order to be granted a modification to your child support order, you must file a petition for modification with the court. A modification may be granted if a party can show that there has been a “substantial change in circumstances.” Examples of a substantial change in circumstances include:

  • A significant increase or decrease in either parent’s income including a parent losing his or her job
  • A significant change in the needs of the child such as increased medical expenses
  • There has been a major change in parenting time or child custody arrangements
  • The payor parent has experienced a significant increase in his or her cost of living
  • One of the parents has remarried

Only future child support payments can be modified through a petition for modification. Payments that are past due must be paid in full based on the previous amount established. 

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Wheaton, IL 60189
630-549-0960
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We serve clients throughout Kane County, Illinois including St. Charles, Geneva, Batavia, North Aurora, Elgin, Algonquin, Aurora, Barrington Hills, Bartlett, Big Rock, Burlington, Campton Hills, Carpentersville, East Dundee, Elburn, Hampshire, Huntley, Kaneville, Maple Park, Sleepy Hollow, Wayne, West Dundee as well as throughout DuPage County.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree