Schaumburg Child Support Attorney

Lawyers for Child Financial Support in Schaumburg Divorce Cases

For parents who are considering divorce, addressing legal concerns that affect you and your children can be a daunting prospect. Parents will need to figure out how they will share parental responsibility and establish a parenting time schedule outlining when children will live or spend time with each parent. Along with addressing these matters, parents must put arrangements in place that will meet their children's financial needs and provide them with sufficient resources moving forward. This is done by establishing child support orders.

At A. Traub & Associates, we understand that divorce can be a trying time for both parties and for their children. We are here to assist with your child support case and make sure both you and your ex understand your financial obligations. We can provide guidance in applying Illinois law and ensure that the proper factors are evaluated when determining the amount of support that will be required.

Determining Child Support Obligations

All parents have the obligation to meet their children's financial needs. Married parents are presumed to use the financial resources available to them, including the incomes they earn and other assets they own, to address family and household expenses. However, in cases where married parents have chosen to get divorced or where unmarried parents are separated, child support orders will usually need to be created to ensure that both parents are meeting their obligations toward their children.

Although Illinois no longer uses the terms "custodial parent" and "non-custodial parent," the parent who children will live with most of the time will usually receive child support payments from the other parent. When calculating the amount that should be paid, Illinois uses what is known as the "Income Shares Model" in which the income earned by both parents will be taken into account.

Under the Income Shares Model, a "Basic Child Support Obligation" is calculated using the combined income that both parents earn each year. This amount is based on what a married couple at the same income level would be expected to spend to support a specified number of children. The Basic Child Support Obligation is allocated between both parents according to the amount that each parent contributes toward their combined income. This is done by determining each parent's percentage share of the combined income and applying those percentages toward the Basic Child Support Obligation. That is, a parent who brings in 65 percent of the total combined income will be responsible for 65 percent of the Basic Child Support Obligation.

While dividing the Basic Child Support Obligation between parents will be appropriate in most situations, there are some cases where parents may have near-equal amounts of parenting time, and adjustments may be made to ensure that child support obligations will be allocated fairly. Rules for "Shared Physical Care" will apply if children will be living in each parent's home at least 40% of the time each year. That is, if children will have 146 or more overnight stays each year with both parents, each parent's share of the Basic Child Support Obligation may be adjusted to take their percentage of parenting time into account.

The Basic Child Support Obligation will be used to provide for children's essential needs, including housing, food, clothing, and other daily expenses. In addition to these costs, there are multiple other expenses that parents may need to address. Certain costs, such as medical expenses, daycare or childcare, educational fees and supplies, and expenses related to extracurricular activities, may be divided between the parents and added to their child support obligations.

Contact a Schaumburg Child Support Attorney

If you have any questions about how child support will be calculated during your family law case, our experienced attorneys at A. Traub & Associates can provide you with experienced guidance and representation in family court. We can help you put arrangements in place that will address your children's needs while setting yourself up for success as you enter the next phase of your life. Contact us and arrange a confidential consultation today by calling our office at 630-426-0196.