Wheaton Child Support Lawyer

Wheaton Child Support Attorney

Your child deserves the financial support of both of their parents, but establishing child support can be overwhelming. Child support laws are complicated, and for some parents, communicating with each other may be difficult. A Wheaton child support lawyer can give you the guidance and support you need in your child support case.

About Us

For 38 years, family law attorney David N. Schaffer has worked to secure child support for families in Wheaton and the Chicagoland area. His knowledge and experience in Illinois state child support laws are an invaluable resource for parents wanting to secure their child’s financial well-being. He is also experienced in fighting for child support on the international stage.

What Is Child Support?

Child support refers to the financial support parents provide to meet the needs of their child when the parents no longer live together. These funds are meant to secure the well-being of a child and can be used to cover a variety of costs related to their basic needs, healthcare, and education.

Developing a child support agreement is much easier with legal counsel due to the complexities of these cases and the emotional factors at play. Most – about 91% nationally – choose to use a legally binding agreement versus an informal agreement.

What Does Child Support Cover?

In 2022, 59.9 million children were eligible for child support to cover some of the costs of raising a child. Child support laws in Illinois determine how much child support a parent is obligated to pay and what that money can be used for. Expenses that can be paid by child support may be broken down into a few categories:

• Basic Needs. A child’s basic needs primarily refer to their nutrition, clothing, and shelter. This includes groceries and meals served at school. Clothing costs include regular replacement of clothes, school uniforms, clothing to protect a child in adverse weather, and clothing needed for special occasions. Child support can also contribute to rent or mortgages to ensure the child’s environment is as stable as possible.
• Healthcare Costs. Child support payments can be applied toward health insurance premiums for the child. They can also be used for out-of-pocket medical costs, like copays for doctor visits, purchasing prescriptions, or fees for hospital care. If an unexpected medical need arises, both parents will likely be required to share the costs under the Illinois Marriage and Dissolution of Marriage Act (IMDMA).
• Educational Costs. A child’s educational costs include private school tuition (if applicable), school supplies like books, uniforms, tech devices, and any additional fees, like those for field trips or clubs. Child support can also be put towards college tuition and related expenses, such as room and board.
• Extracurricular Activities. Participating in extracurricular activities nurtures a child’s confidence, boosts their skills, and supports their social connections. Fees related to participating in these activities may be paid by child support payments. Sports teams, music lessons, and artistic programs all have registration fees that child support can cover. It can also contribute to the cost of equipment they may need, including musical instruments and sports gear.
• Additional Fees. Additional costs related to raising a child can be paid by child support. Child support payments can be used for a bus pass or gas to drive to and from school. Childcare costs can be a burden for the primary parent, but child support can contribute toward these costs for younger children if both parents are working. Child support can also pay for any special needs costs that arise, like therapy or adaptive equipment.

How Child Support Is Calculated in Wheaton

Wheaton child support cases must follow Illinois state law. In Illinois, the Income Shares Model determines how much money parents are obligated to pay toward child support by using:

1. Each parent’s adjusted net income
2. The combined adjusted net incomes of both parents
3. A basic child support obligation, determined by the combined net income
4. A ratio of each parent’s individual income relative to the combined net income amount
5. The ratio of the parents’ combined income versus the basic support obligation previously established

A significant factor in how much a parent is obligated to pay is based on the amount of parenting time for each party. Typically, the parent with more overnights per year will pay less. In general, the more time spent parenting, the less a parent pays.

There are some cases in which a parent may become delinquent in their child support payments. In 2022, there was a total of about $12.5 billion in child support payments that were unaccounted for. If this happens in your child support agreement, having a child support attorney can be priceless.

FAQs

How Much Does a Child Support Lawyer Cost in Wheaton?

How much a child support lawyer costs depends on a number of factors. An attorney’s fees are determined by their level of experience, the complexity of your child support case, and whether they are charging an hourly fee or a retainer. To get a better idea of how much it may cost to hire a child support lawyer, schedule a consultation with a Wheaton child support attorney.

Filing for child custody costs $348 at the DuPage County Courthouse, but the other associated costs can be much more significant.

Is It Worth It to Hire a Child Support Lawyer?

It is worth it to hire a lawyer for your child support case because they are knowledgeable about state laws and the requirements for your case. In some child support cases, especially international cases, there are specific deadlines that can derail the case if they are missed. An experienced child support attorney can guide you through the process.

What Should You Not Say in Child Support Court?

In child support court, you should never lie or exaggerate details in any way. Do not criticize or threaten the other parent. You should also not criticize the child if they choose to spend more time with the other parent. Additionally, any social media content you post about the case can be used against you. In general, try to remain as neutral as possible so the Judge can focus on the facts of the case.

What Will I Need to Pay in Child Support in Wheaton?

The exact amount you may be obligated to pay in child support depends on how many overnights you have with the child, your income, and the basic needs obligation for the child. New legislation in 2017 established a more open-ended way for the courts to determine child support obligations. Now, both parents’ incomes and their share of responsibility for the child are used to determine a fairer share of the costs.

Your child support case doesn’t have to be a nightmare. Schaffer Family Law, Ltd., and David N. Schaffer are here to advise you and help you achieve the ideal outcome. Schedule a consultation with us today to see how we can help you with your child support case.