Child Support and Custody

Naperville IL Lawyer for Child Support, Visitation and Parenting Agreements

Co-parenting with someone you are not married to brings unique challenges, and many of them are legal. Whether you are going through a divorce or you are involved in a paternity dispute, it is important to have an attorney on your side to fight for you. At Robertson Legal Group, LLC, that is exactly what we do. We fight for our clients’ rights when it comes to child-related matters like child support and child custody. We understand how invested our clients are in achieving their desired outcomes in these matters, and we aggressively pursue those outcomes on your behalf.

Child Custody and Allocation of Parental Responsibilities in Will County

As of January 1, 2016, the law pertaining to child custody in Illinois (the Illinois Marriage and Marriage Dissolution Act) changed significantly. The term “child custody” will no longer be used in favor of “allocation of parental responsibilities.” Rather than making determinations about joint custody or sole custody, the court will now allocate specific parental responsibilities to each parent. The responsibilities are broken down into four types. They are:

  • Education
  • Health
  • Religion
  • Extracurricular Activities

Each responsibility can be given to one parent or shared between both parents. For tax purposes as well as child support determinations, one parent will be designated as the child’s residential parent. When deciding these matters, the court requires each parent to submit a “parenting plan” for approval. If both parties cannot agree on a parenting plan, they may submit separate plans and allow the court to judge the matter. Our goal is to resolve these matters as amicably and efficiently as possible in order to preserve a positive family relationship. When that is not possible, however, we are always prepared to strongly advocate for our clients in court.

Child Support Determinations in Illinois

On July 1, 2017, the law specifying how child support payments are calculated in Illinois underwent a significant change. Prior to this update, the statutory guidelines calculated child support using a set percentage of the paying parent’s income. The new law’s guidelines take both parents’ incomes into consideration, as well as parents’ respective amounts of parenting time and parental responsibility.

To calculate child support under the new law, courts will use tables provided by the Illinois Department of Healthcare and Family Services to determine the amount that would typically be spent to care for children based on both parents’ combined net income and the number of children being supported. This amount is called the Basic Support Obligation, and it will be divided between parents according to the percentage that each parent contributes to the parents’ combined income.

In situations of Shared Physical Care, in which children spend 40% of their time or more (at least 146 overnight stays per year) with each parent, the court will perform additional calculations to determine a Shared Physical Care Support Obligation, and this amount will be divided between parents according to each parent’s percentage of overnight stays.

While most cases adhere to these guidelines fairly rigidly, there can be some flexibility when children have additional needs such as educational expenses or medical expenses. Additionally, the court may deviate from these guidelines in the case of high net worth parents. We can explain if and how the court may deviate in your case and what type of child support decision you can expect.

If you are involved in a child custody or child support matter, contact us at 630-882-9117 to schedule a free initial consultation. We will meet with you to confidentially discuss your specific circumstances and the legal options available to you. Our firm represents mothers and fathers throughout Will County including Naperville, Aurora, Bolingbrook, Oswego, Yorkville, Plainfield and Sugar Grove.