Child support can be confusing, but it is also extremely important. That is why working with an experienced Will County attorney can be an important part of understanding the process of awarding child support.
While these issues are unique to your specific situation, understanding some basic information about child support can be a significant step in understanding more about the legal process involved. Throughout the process, a well-versed child support lawyer from Reidy Law Office LLC can advocate for your rights.
In Illinois, child support can be awarded during a divorce or legal separation. In cases where parents are married, child support can be requested in court as part of legal proceedings or may be requested through what is referred to as IV-D proceedings. IV-D proceedings can be an easier route toward being awarded child support, but they do not address other important issues such as custody.
While parents may try to split time with their child equally, that is not always possible. For that reason, courts may refer to parents as custodial and noncustodial. The custodial parent generally has more time with the child whereas the noncustodial parent has less. Usually, the custodial parent will be the recipient of a child support award payments while the noncustodial parent will be obligated to make the payments.
With the recent shift from the traditional child support model to the income shares model, the number of overnights is often an important concern when determining child support. With the income shares approach, both parents are still held accountable for financially supporting the children and we consider the incomes of both parents no matter the number of overnights. Under the previous law, we did not consider the number of overnight; instead, we only used the income of the noncustodial parent regardless of the income of the custodial parent.
The difference is that the custodial parent is presumed to meet his or her support obligation by default with payment of day to day expenses whereas the noncustodial parent is expected to make child support payments. Generally, such payments are made through mandatory payroll deductions that are disbursed to the receiving parent through direct deposit, check, or debit card.
Once a child support award has been put it into place, the amount of the deduction will remain as long as the order is in place. However, some life events may necessitate the modification of a child support award. For instance, a significant increase or decrease in salary, or the termination of other obligatory child support payments could result in an increase/decrease in child support obligations.
Likewise, the loss of employment can also be grounds for modification. However, it is important to remember that the loss of employment does not include voluntary unemployment or voluntary underemployment. Each situation is unique and it is important that there is not always one clear answer as to what will happen in your situation.
Not only can child support agreements have a significant financial impact on both parents, but they are sure to have a direct effect on the children involved. With so much at stake, it is important to make sure you take a thorough approach to exploring all your options. If you have questions or concerns about awarding child support in Will County, contact Reidy Law Office LLC to see how our experienced lawyers can help you.