Child Custody & Support
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.
Extensive International Family Law Experience
International and mixed culture families are more common today than ever. With parents living lives that are busy with business travel and families and children that have more than one country of residence Schaffer Family Law, Ltd., is here to help.
We can help with:
- Child abduction legal guidance
- Protections for your children when a parent/spouse wants to travel outside the country for visitation
- International prenuptial (before a marriage) and post-nuptial agreements (any time during a marriage- even a day, week, month or years into a marriage.
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 Calculations 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.
The state of Illinois has made a significant change to its child support law, and this new law will be in effect starting in July 2017. In the previous child support law, the amount of child support was calculated using a percentage of the non-custodial parent’s income and the number of children.
The new child support law uses an income-sharing model that takes each parent’s amount of parenting time and responsibilities into account, as well as the income of each parent. This new law aims to better address children’s needs while taking into account the financial resources of both parents.
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
Our priority is to secure an agreement that represents the best interests of both you and your child. Attorney 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.
The laws surrounding child custody and child support can be very complex. We encourage you to contact us online or call our office in Naperville at 630-848-9955 to schedule a personalized appointment with an experienced child custody attorney to discuss your case. Read more about what happens at our first meeting.