Orland Park Child Support Lawyers

Compassionate Attorneys Assisting Clients with Child Support Issues in Cook County, Will County, and surrounding Chicago Area Communities

Dealing with child support can be stressful, whether you’re going through a divorce, establishing paternity, or trying to modify an existing order. It’s not just about the money; it’s about ensuring your children’s financial well-being and navigating a complex legal system. You’re likely worried about making sure your kids have what they need, and you may also be concerned about fairness and your own financial stability.

At Pucher & Ranucci, we understand the financial and emotional complexities of child support. We’ve helped countless families in Orland Park and the surrounding communities reach fair and sustainable child support arrangements. We’re here to provide clear guidance and support, so you can feel confident that your children’s needs are being met.

Calculating Child Support: The Illinois Income Shares Model

Illinois uses a method called the “income shares” model to calculate child support. It’s not as complicated as it sounds, but it’s important to understand the steps involved. Here’s a breakdown:

Determining Net Income

The first step is to figure out each parent’s net income. This isn’t just your take-home pay. It’s your gross income (all income from all sources) minus specific deductions allowed by law. These deductions include:

Federal and state income taxes
Social Security and Medicare taxes
Mandatory retirement contributions (required by law or as a condition of employment)
Union dues
Health insurance premiums for the parent (not the child – that’s handled separately)
Prior obligations of support (alimony or child support actually paid from a previous relationship)
Expenses necessary to produce income may be considered.

Things not deducted include voluntary retirement contributions (like 401(k) contributions), loan repayments, or other voluntary expenses.

Combining Net Incomes

Once you have each parent’s net income, you add them together to get the combined net income.

Basic Child Support Obligation

Illinois uses a schedule, maintained by the Department of Healthcare and Family Services (HFS), to determine the basic child support obligation. This schedule looks at the combined net income and the number of children. It estimates how much money an intact family with that income would typically spend on their children. You can find the official schedule on the HFS website.

Proportional Share

Each parent is responsible for a percentage of the basic child support obligation, based on their percentage of the combined net income. For example, if one parent earns 60% of the combined net income, they’ll be responsible for 60% of the basic child support obligation.

Step	Description
Determining Net Income	Figure out each parent’s net income by subtracting specific deductions from gross income
Deductions	Federal and state income taxes, Social Security and Medicare taxes, mandatory retirement contributions, union dues, health insurance premiums for the parent, prior obligations of support, expenses necessary to produce income
Non-deductible	Voluntary retirement contributions, loan repayments, and other voluntary expenses
Combining Net Incomes	Add each parent’s net income to get the combined net income
Basic Child Support Obligation	Use the schedule from HFS to determine the obligation based on combined net income and number of children
Proportional Share	Each parent is responsible for a percentage of the obligation based on their percentage of the combined net income

Shared Parenting Adjustment

This is where things can get a little more complicated. If each parent has the children for at least 146 overnights per year (which is 40% of the time), a special calculation is used. This is often called the “shared parenting” or “shared physical care” adjustment. Here’s how it works:

The basic child support obligation is multiplied by 1.5. This is to account for the increased costs of raising children in two households.
Each parent’s share of the increased obligation is calculated, based on their income percentage (as in step 4).
Then, each parent’s share is multiplied by the other parent’s percentage of overnights.
The amounts are then offset, and the parent with the higher obligation pays the difference to the other parent.

This shared parenting adjustment can significantly reduce the child support obligation for the parent who would otherwise be paying.

Add-ons to Child Support Income Shares Model

In addition to the basic child support payments, there may be additional payments for expenses, such as:

Child Care: These expenses cover the cost of daycare, after-school programs, or nanny services that are necessary to allow the custodial parent to work or pursue education. It ensures that children receive proper care and supervision when the parent is unavailable.
Extracurricular Activities: This includes costs for sports, music lessons, clubs, and other activities that contribute to a child’s physical, social, and cognitive development. Funding these activities helps children explore their interests and talents, fostering a well-rounded upbringing.
Health Insurance: Providing health insurance for a child is crucial for covering medical, dental, and vision care. This ensures that the child has access to necessary healthcare services, promoting overall well-being and addressing any medical needs promptly.
Unreimbursed Medical Expenses: These are medical costs not covered by insurance, such as co-pays, deductibles, and treatments not included in the insurance plan. Ensuring these expenses are shared helps reduce financial stress on the custodial parent and guarantees the child receives required medical attention without delay.

Example:

Let’s say Parent A has a net income of $4,000 per month, and Parent B has a net income of $2,000 per month. Their combined net income is $6,000. They have one child. According to the HFS schedule (you’d need to consult the actual schedule for the current figures), the basic child support obligation might be $1,200 per month.

Parent A’s share: 66.7% ($4,000 / $6,000)
Parent B’s share: 33.3% ($2,000 / $6,000)

If Parent A is the obligor (the parent paying support) and there’s no shared parenting, Parent A would pay $800 per month to Parent B (66.7% of $1,200).

If they do have shared parenting, the calculation would be more complex, and the amount Parent A pays would likely be lower.

Important Note: The Illinois Child Support Estimator (referred to earlier) can give you a rough estimate, but it’s not a substitute for legal advice. Every case is different, and a lawyer can help you calculate the correct amount based on your specific circumstances.

Changing or Enforcing a Child Support Order

Child support orders aren’t set in stone. They can be modified, and they may need to be enforced.

Modification

You can ask the court to change a child support order if there’s been a substantial change in circumstances. This could include:

A significant increase or decrease in either parent’s income.
A change in the child’s needs (e.g., medical expenses).
A change in the parenting time schedule that meets the threshold for the shared parenting adjustment.
Emancipation of a Child

To modify child support, you have to file a petition to modify with the court and provide evidence of the change in circumstances.

Enforcement

If a parent isn’t paying child support, there are several ways to enforce the order:

Income Withholding: This is the most common method. The court orders the paying parent’s employer to deduct child support directly from their paycheck.
License Suspension: Illinois can suspend various licenses (driver’s license, professional license) for non-payment of child support.
Contempt of Court: A parent who willfully disobeys a child support order can be held in contempt of court, which can result in fines or even jail time.
Other Remedies: Other enforcement methods include intercepting tax refunds, placing liens on property, and reporting the debt to credit bureaus.

The Illinois Department of Healthcare and Family Services (HFS) can help with enforcement, even if you didn’t use their services to establish the original order.

Common Challenges in Child Support Cases

Child support cases aren’t always straightforward. Here are some common disputes and issues:

Disagreements over Income: What happens if one parent is self-employed, works for cash, or is intentionally unemployed or underemployed? The court can impute income – meaning, assign an income based on what the parent could be earning.
Disagreements over Expenses: Parents may disagree about which expenses should be included in child support, such as private school tuition, expensive extracurricular activities, or uncovered medical costs.
Unpaid Child Support (Arrears): If a parent falls behind on payments, the unpaid amount (arrears) accumulates, and interest can accrue.
Interstate Child Support: Cases can get complicated when parents live in different states. The Uniform Interstate Family Support Act (UIFSA) governs these situations.
College Expenses: The Court can order parents to contribute toward their child(ren)’s college expenses.

Finding the Right Legal Help for Your Child Support Case

Child support can be a complex and emotionally charged issue. An experienced attorney can:

Help you understand your rights and obligations.
Calculate child support accurately, considering all relevant factors.
Negotiate a fair child support agreement.
Represent you in court, if necessary.
Help you modify or enforce an existing child support order.
Advocate for your child(ren)’s best interest.

It’s important to find a lawyer who is familiar with Illinois child support law and the procedures in Cook County courts.

Experienced and Compassionate Legal Guidance for Child Support Matters

At Pucher & Ranucci, we understand that child support is about more than just numbers; it’s about providing for your children’s future. We have nearly two decades of experience helping families in Orland Park and the surrounding communities resolve support issues.

We are committed to providing compassionate, client-focused representation, taking the time to listen to your concerns, explain your options, and empower you to make informed decisions. We strive to reach amicable resolutions whenever possible, but we’re also prepared to vigorously advocate for your rights in court if necessary.

Contact Pucher & Ranucci today for a complimentary consultation to discuss your child support needs and how we can help.

We represent clients in Orland Park, Tinley Park, Joliet, Oak Forest, Alsip, Palos Heights, Homer Glen, Mokena, Will County, Cook County, and the surrounding Chicagoland areas.

Child Support