Aurora Child Support Lawyer

Aurora Child Support Attorney

When a divorce or dissolution of marriage involves children, child support is an important element in the proceedings. Whether you are paying or receiving support, the process can be frustrating and involves numerous financial concerns. An Aurora child support lawyer can help you navigate this period and negotiate an agreement that works for you, your co-parent, and the children.

About Us

At Schaffer Family Law, Ltd., we’ve spent decades providing family law assistance to the people of Aurora, Naperville, and the Northeast Illinois region. Our founder, David N. Schaffer, has over 38 years of experience handling child support cases. His accomplishments earned him an AV Preeminent rating from Martindale-Hubbell, the highest category the 150-year-old peer review institution issues.

Child Support Overview

Child support affects thousands of people throughout the state. In 2021, Illinois’s Division of Child Support Services (DCSS) processed 377,915 cases, with over $751 million distributed to parents. This significant sum did not account for all that was due, only representing 52% of what was owed.

Child support is a type of financial support commonly established during the dissolution of a marriage that is used to maintain the same quality of life for the children they had while their parents were together. Support is given by the obligor to the obligee, who is usually the primary residential parent.

Child support cases are handled by the Illinois Department of Healthcare and Family Services. The Aurora office is located at 2711 New York, Suite 203.

How Child Support Is Calculated in Illinois

The exact sum of child support changes depending on the financial situation of both parents. As of 2017, the Income Shares guidelines are used to calculate the amount the obligor pays by comparing their combined income and expenses.

First, the gross income of both parents is combined. From that figure, the percent of support is calculated. For example, if the total net income is $4,000, with one parent earning $3,000 and the other contributing $1,000, the first parent would be responsible for 75% of the total support.

This percent is then applied to the Income Shares schedule table. Using the earlier example with two children, the total support would be $1378. The first parent would then be responsible for 75%, or $1033.50. In most cases, only the non-residential parent pays, as it is assumed that the residential parent uses their support percentage directly.

One key factor that can change the figure is if you and your co-parent share physical care. Shared physical care is defined as when both parents have their children spend 146 or more overnights together. In these cases, the base support obligation figure is multiplied by 1.5. Your Aurora child support attorney can review this calculation with you.

Hire a Child Support Lawyer

Illinois child support laws can be frustrating and confusing to understand on your own. When you hire an Aurora child support lawyer, they can advocate for your financial needs and guide you through every aspect of your case. The following are a few key services your child support lawyer from Schaffer Family Law, Ltd. can provide:

• Initial calculations. Gathering the necessary financial information and contributions to parenting to establish initial support can be difficult. We can handle this process, giving you time to address other concerns.
• Child support modifications. The financial realities of both parents can change drastically over time after an initial child support agreement is established. Whether you are no longer able to pay or require additional assistance, we can review your case and gather the necessary evidence to update it to reflect the current situation.
• Enforce orders. Many obligee parents go without support or receive less than what they are entitled to every year. We can ensure that delinquent payments are addressed and that you receive the needed funds.

FAQs

How Much Does It Cost to Hire a Child Support Lawyer in Illinois?

How much your child support lawyer costs depends on the complexity of your case, the work hours it requires, and the cooperation between you and your co-parent. A child support case involving one child and parents on good terms with comparable incomes tends to be less expensive than one with multiple children with various needs and contesting parties. Your child support attorney can provide an estimate based on the details of your case for what your final bill may be.

What if You Cannot Afford Your Child Support Payments in Illinois?

If you cannot afford your child support payments, you may be able to have your case reevaluated. The first option is to file a motion to modify child support. Financial situations frequently change after initial agreements and require updates with the courts. It is crucial to pay a nominal amount while awaiting an evaluation, as it demonstrates to the courts that you are acting in good faith.

What Not to Say in Child Support Court in Illinois?

There are several things you should not say while in Illinois child support court. While these cases can be emotionally charged, it’s important to remain level-headed. Saying that your co-parent doesn’t deserve any money, or that you are upset about parental time, can damage your case and result in unfavorable outcomes. Another thing not to do is lie about your income or expenses. You can be found in contempt of court and subject to severe financial penalties.

Who Pays Legal Fees in a Child Support Case in Illinois?

In Illinois, people generally pay their own legal fees in child support cases. The courts may order one party to pay for the other if they have significantly higher income, if they are acting in bad faith during the proceedings, or if it is deemed equitable. If you are concerned about affording your own expenses, there are public support options available that can lower or remove court fees.

Speak With an Aurora Child Support Attorney Today

At Schaffer Family Law, Ltd., we have the knowledge and experience to advocate for you throughout your child support case.

Contact us today for a consultation, where we can learn the details of your case and provide potential pathways forward. You may also visit our Naperville Office, located northwest of McDowell Grove Forest Preserve at the junction between I-88 and Route 59.