Protecting the Best Interests of Children in Divorce

Any time a divorce proceeding involves minor children, issues regarding custody and support must be addressed. However, because these issues are often highly contested, spouses may find it extremely difficult to reach agreement.

When determining both Allocation of Parental Responsibilities (known as Child Custody before January 1, 2016) and child support, the court ultimately looks at what is in the best interests of the child. At Schaffer Family Law, Ltd., we have more than 30 years of experience helping our Naperville, national and International clients develop effective custody and support plans. We recognize that while you want what is best for your child, you also want to ensure that your rights and interests are protected along the way.

We can represent you in all matters relating to child custody and support in Illinois, including modifications and enforcement of orders and issues that arise when one parent wishes to relocate with a child.

Child Support in Illinois

Child support is calculated using a formula that considers net income and the number of children involved. Depending on how many children you have, your custody obligation may be anywhere from 20 percent of your net income (one child) to 50 percent of your net income (six or more children). This formula assumes that the parent receiving support has primary physical custody. In situations where parents share custody 50-50, the spouse with the higher income would still pay child support, but at a lesser amount.

Allocation Of Parental Responsibilities

As of January, 2016, Illinois law will no longer use the terms "custody" and "visitation." Instead, courts will allocate parental responsibilities and parenting time. One goal of the new statutes is to avoid a situation in which parents fight to "win custody" of the child. The law reflects the belief that there are no winners or losers in these disputes. Protecting the best interests of the child is the foremost concern.

Parental responsibilities are broken into several categories, including education, health, religion and extra-curricular activities.

Whether you need representation for initial Allocation of Parental Responsibilities proceedings or are seeking a modification of existing orders, we are prepared to protect your parental rights and the best interests of your children.

Contact an Experienced Lawyer Today

The laws surrounding child custody and child support can be very complex. We encourage you to contact us online or call us at 630-922-4500 to schedule a personalized appointment with an experienced Naperville child custody attorney to discuss your case. Our priority is to secure an agreement that represents the best interests of both you and your child. David N. Schaffer also served on the Illinois Study Committee established by the State House, to rewrite the entire family law statutes, which come into effect January 1, 2016.