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When You Need More Child Support Than Illinois Law Recommends

 Posted on February 01, 2017 in Divorce

When the court is left in charge of determining child support, the judge must turn to Illinois law. Under Illinois’ current child support guidelines, if you have the majority of parenting time, you will receive a set percentage of the other parent’s net income. For one child, you will receive 20 percent of his or her net income. For two children, 28 percent, and for three children, 32 percent. Depending on your circumstances, you may be able to make this amount work. However, there are a number of instances in which the money you receive is just not enough to make ends meet. In this situation, you need an experienced DuPage County child support attorney to seek a higher amount of child support from the court. The lawyers of Fay, Farrow & Associates, P.C. have years of experience helping moms and dads obtain child support that is in the best interests of their children.

Deviations From the Rule Are Possible

Illinois’ child support law states that you, as the parent with the majority of parenting time, receive a specific percentage of the other parent’s income. This means your child support could be very little every month. If the other parent works a minimum wage position that pays $8.25 per hour, then you could receive less than $200 per month. Even if your child’s other mom or dad makes a decent income, your child support amount might not be enough due to special circumstances. Illinois law was written with an understanding that unique situations arise from time to time and gives judge’s discretion in deviating from the guidelines.

While 750 ILC 5/505(a)(1) offers the straightforward child support rule, 750 ILCS 5/505(a)(2) provides the exception. Judges can deviate from the specific percentages if it is in the best interest of the child based on the evidence provided. The law states relevant factors in departing from the baseline rules include:

  • The financial resources and needs of the parents and child
  • The standard of living enjoyed by the child, if you and the other parent were previously married
  • The physical, mental, and emotional needs of the child
  • The educational needs of the child

Reasons For a Greater Amount of Support

The factors laid out in the law are relatively broad, which means you can offer a variety of evidence to the court regarding why you need a greater amount of child support. Some concrete examples of when additional support might be granted include:

  • Your child has a physical or mental disability
  • Your child has special medical needs beyond normal childhood illnesses and injuries
  • Your child has special educational needs beyond publicly provided school and programs
  • Had you and the child’s other parent remained married, your son or daughter would have enjoyed a significantly higher standard of living

Illinois’ Child Support Laws Are Going to Change

Illinois’ guideline percentage child support rule is only applicable for a few more months. Starting on July 1st, Illinois will follow an income shares model, which will consider both your and the other parent’s income, additional expenses, and how parenting time is divided between you and the other parent. Lawmakers believe this calculation will allow for a more fair amount of child support to be paid.

Bear in mind the change in Illinois law will not automatically allow for a modification. Whether or not you should wait to seek a greater amount of child support depends on a number of factors. Speak with an experienced child support lawyer as soon as possible to discuss your options.

Contact a DuPage County Child Support Lawyer Today

If you need child support now, do not wait for the new law. Speak with an experienced child support lawyer from Fay, Farrow & Associates, P.C.. We can help you seek an appropriate amount in court.

For more information about obtaining child support, call Fay, Farrow & Associates, P.C. at 630-961-0060.

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