303 W. Main Street, West Dundee, IL 60118
 | 847-428-7725
Call for a Free Consultation
100 Illinois Street, Suite 200, St. Charles, IL 60174
 | 630-200-4882
By Appointment Only
West Dundee, IL847-428-7725
St. Charles, IL630-200-4882
Facebook Twitter LinkedIn
Search

West Dundee Child Support Lawyers

Algonquin Child Support Attorneys

Family Law Attorneys Serving Clients in Algonquin, Barrington Hills, and Elgin

With children in a divorce, a parentage case situation, or when the parents are not currently married, it is important to ensure that the children are provided for. In such cases, child support is typically paid to the parent who has the majority of the parenting time based on numerous factors determined by the court. In 2017, Illinois changed the way the state calculates child support payments. If you are considering a divorce, you need a skilled attorney in your corner who understands the new laws and can ensure that the best interests of you and your children are protected.

The Law Offices of Benedict Schwarz, II P.C. has over 50 years of combined experience assisting clients with divorce and family law issues in Kane County and throughout the Chicago area. Our attorneys have in-depth knowledge of the latest changes to the child support laws and other complex divorce issues that impact the financial well-being of you and your children. We work closely with our clients to listen and understand their needs and concerns, so we can adopt creative solutions that fully protect their rights and interests.

New Child Support Laws in Illinois

In 2017, Illinois adopted an "income shares" model to calculate the amount of child support that is to be awarded. The new law eliminates the percentages that were previously used (based on the number of minor children the couple had) and replaces it with a more complex calculation based on the combined net income of both parents to determine each parent's child support obligation.

Under the new law, there are several factors that are used to calculate the child support award. These include:

  • Other Child Support Payments: If a parent is paying court-ordered child support in a separate and unrelated case, the amount of that payment is deducted from the gross income of that parent to determine the net income for this case.
  • Maintenance/Spousal Support: If spousal maintenance is awarded, the amount paid is subtracted from the gross income of the paying spouse and added to the gross income of the receiving spouse before making the child support calculation.
  • Allocation of Parental Responsibility: If there is a "shared parenting" arrangement, defined by the children having at least 146 overnights per year with each parent, the number of actual overnights with each parent can be factored into the child support calculation.
  • Health Expenses: Health insurance premiums and other medical costs can be added into the child support calculation. This can be a significant factor if there are children with special needs.
  • Employment: If one of the parents is voluntarily unemployed or underemployed, the amount of potential income that parent has the ability to earn can be used as a factor in calculating child support.
  • Tax Implications: The parent with the majority of parenting time is allowed to claim the children as dependents unless the court determines otherwise or both parties agree to allow the other parent to claim the children.

Speak with a Compassionate Carpentersville Child Support Attorney

At the Law Offices of Benedict Schwarz, II P.C., we understand the need for your children to have the financial, physical, emotional, and spiritual support they need. We can thoroughly review your circumstances to determine how the new child support laws will impact you and your children. Whether you are a paying or receiving parent, we are ready and able to go to work on your behalf to develop a child support plan that is fair for you and your family.

For a free, no-obligation consultation with one of our experienced attorneys, contact us today at 847-428-7725. We serve clients in Kane County, McHenry County, DuPage County, Cook County/Rolling Meadows, Algonquin, Barrington, Barrington Hills, Batavia, Bull Valley, Burlington, Campton Hills, Carpentersville, Cary, Crystal Lake, Dundee, East Dundee, Elgin, Geneva, Lake in the Hills, Pingree Grove, St. Charles, South Elgin, West Chicago, West Dundee, Woodstock, and the surrounding Illinois communities.

Martindale Hubbell Rating Best Lawyers Super lawyers Attorney Registration and Disciplinary Comission Lawyers Association Program Illinois State Bar Association Kane County Bar Association DuPage Bar Association
Back to Top