Law Offices of Michael F Roe can assist and counsel our clients with the following child support and financial issues:

• Child support calculations
• Income valuation and imputation issues, to ensure the payor is providing fair and accurate financial information.
• Job diary orders, so payment of child support can continue
• Employment evaluations to make sure payments are equitable
• Income determination if there are concerns about the child support amount being paid
• Child support modification when one or the other party experiences a change in circumstances.

DuPage and Kane County Child Support Lawyer

At the Law Offices of Michael F. Roe LLC, we provide guidance and representation for families in Wheaton, IL, seeking fair child support arrangements. Our experienced Wheaton child support lawyers understand that each family’s situation is unique, and we focus on protecting the welfare of children while ensuring that parents’ financial obligations align with state law requirements. Whether you are establishing initial support orders, modifying existing agreements, or addressing enforcement issues, our team is dedicated to advocating for your interests every step of the way. We strive to help you navigate the complexities of Illinois child support statutes, calculations, and court procedures, with the goal of reaching outcomes that promote stability. Our office offers a Free Consultation so you can discuss your child support concerns and learn about your legal options. Call us today at (331) 222-9161 to learn how we can assist you in preserving your family’s overall well-being.

Calculating Child Support 

Under Illinois law, child support is generally determined using an Income Shares Model. This model begins by combining the net incomes of both parents to arrive at a total figure. Guidelines set by the Illinois Department of Healthcare and Family Services (HFS) then suggest a basic support obligation for the child. Each parent’s share of that support obligation reflects their percentage of the combined net income. For example, if one parent earns 60% of the total combined net income, that parent is responsible for 60% of the child’s basic support obligation.

To determine net income for child support purposes, courts typically start with the parent’s gross income and then subtract allowable deductions. Such deductions may include federal and state income taxes, Social Security (FICA) and Medicare taxes, mandatory retirement contributions, health insurance premiums, certain required union dues, and legally established obligations for other child support or spousal maintenance. After these deductions, the resulting figure is considered that parent’s net income for child support calculations. Because accurate financial reporting is essential, parents need to disclose all relevant income information, including salaries, hourly wages, tips, bonuses, rental income, investments, and self-employment earnings.

Illinois law also addresses situations in which a parent is unemployed or underemployed without a legitimate reason. In those cases, courts may impute income, meaning that they assign a projected amount to that parent based on work history, education, skill set, and local job market conditions. If the court determines that a parent voluntarily remains unemployed or underemployed, that parent may still be assigned a share of child support reflecting potential earning capacity rather than current income.

Child Care and Unreimbursed Medical Expenses

Beyond the basic support obligation, Illinois courts often aim to ensure that parents share the cost of childcare and medical expenses. Court orders frequently specify how parents split expenses such as daycare, babysitters, or after-school care, recognizing that these costs can be significant when both parents work. Similarly, unreimbursed medical costs—like copays, deductibles, and uninsured treatments—are regularly divided in addition to the base child support amount. While the formula for these allocations can resemble the parents’ respective shares of net income, judges may consider each family’s circumstances to determine a suitable division.

Allocating Self-Employment Income

For parents who are self-employed, determining true net income can be more complex. A court looks beyond a simple business profit-and-loss statement to distinguish legitimate business expenses from personal expenditures that may be claimed for tax benefits. It can be necessary to evaluate receipts, bank records, invoices, and other documentation to develop an accurate picture of a self-employed parent’s resources. Fluctuations in income might occur throughout the year, so courts may either average income across multiple months or years or schedule periodic review hearings to refine child support orders if the self-employment earnings are unpredictable.

Shared Parenting Adjustments

A central feature of Illinois child support law is the shared parenting provision. When each parent has the child for at least 146 overnights per year, the calculation reflects the additional costs the other parent bears during their custodial time. Under this provision, the total support amount derived from the Income Shares Model is multiplied by 1.5 and then allocated proportionally between the parents based on both their respective percentages of net income and their share of parenting time. The resulting figure is then adjusted to account for each parent’s overnight percentage. By incorporating the shared parenting formula, Illinois law seeks to ensure that both parents’ financial responsibilities are balanced in a way that acknowledges each parent’s direct expenses.

Illustrative Calculation Steps

Although exact figures vary, a simplified example might look like this: 

1. Determine each parent’s net income (after allowable deductions).
2. Combine the net incomes to find the total family net income.
3. Use the Illinois HFS guidelines to locate the basic support amount for one child at that total income level.
4. Assign each parent a share that corresponds to their percentage of the combined net income (for instance, 60% and 40%).
5. If each parent has 146 or more overnights, multiply the basic support amount by 1.5, then allocate the resulting figure based on income shares and reduce support as appropriate for the other parent’s overnights.
6. Add any necessary childcare or unreimbursed medical costs, dividing them by the same percentage each parent’s net income represents.

Through these steps, parents can see how the various components of the Income Shares Model—including adjustments for shared parenting—yield each party’s support obligation.

A child support lawyer in Wheaton, Il, United States can help you understand your rights and obligations under Illinois child support laws.

Standard Duration of Child Support 

In Illinois, child support typically continues until a child reaches 18 years of age or graduates from high school, whichever event occurs last. However, support will generally not extend past the child’s 19th birthday unless the court makes specific findings that justify a longer duration. For instance, if a child has special needs or if the parents agree to extend support, the court may order a continuation of payments. At the same time, Illinois law allows for court-ordered contributions toward a child’s college or vocational education under certain circumstances. Commonly referred to by statute as Section 513-related support, these contributions may cover tuition, fees, room and board, meal plans, textbooks, and other related expenses. Courts will consider the financial resources of each parent, the child’s academic performance, and the child’s own ability to contribute through scholarships or earnings. Although many orders end by the time the child turns 23, support can be extended until age 25 upon a showing of good cause. If you have questions about court-ordered support or duration, a Wheaton, Il, United States child support attorney can help clarify your options.

Modifying Child Support 

Under Illinois law, child support orders can be modified if there is a substantial change in circumstances. A typical situation occurs when either parent experiences a significant income increase or decrease, often around 10% or more. Other notable changes might include a child’s substantial medical or educational needs, a considerable shift in parenting time, or an unforeseen financial setback for one of the parties.

To start the process of modification, the requesting parent must file a petition with the court. Any modification granted will usually apply only from the filing date of that petition onwards, rather than being retroactive to when the changes began. This underscores the importance of timely filings; a parent who anticipates a lengthy period of reduced earnings or extra child expenses should seek a modification right away, rather than postponing legal action. Pending a court decision, the paying parent is expected to maintain the existing support amount. Decreasing or terminating payments unilaterally—without a judge’s order—can lead to substantial arrearages and possible enforcement measures.

If a child becomes emancipated prior to reaching the age of majority—for instance, by marrying or establishing independent living with the court’s approval—child support obligations may end. However, termination of support on emancipation grounds requires a formal petition to the court, which will determine whether emancipation is justified. Once parents reach a new arrangement, they should convert it to a legal court order so that it is binding and enforceable.

Enforcing a Child Support Order 

Once a court sets child support, Illinois law provides multiple enforcement mechanisms to ensure payment. A common tool is an Income Withholding Order (IWO), which instructs an employer to withhold the child support amount directly from the parent’s paycheck. IWOs are frequently issued at the time a support order is entered, even if the paying parent is current on payments. This method helps streamline compliance and reduce payment disputes.

If a parent fails to comply with a support order, the other parent or the Department of Child Support Services (DCSS) can request enforcement through the court. One measure is filing a motion for contempt if the nonpaying parent willfully disregards the obligation. Penalties upon a finding of contempt can include fines, wage garnishment, driver’s license suspension, professional license suspension, and, in extreme cases, jail time.

Additional enforcement strategies include garnishing bank accounts, placing liens on real or personal property, intercepting tax refunds, reporting delinquent payments to credit bureaus, and attaching lottery winnings. If the unpaid child support crosses a certain threshold, the parent owing support may be denied a passport or see existing travel documents restricted. Accrued arrearages typically carry interest at an annual rate of 9%, significantly adding to the total due if a parent neglects to stay current. Prompt communication, timely modifications when appropriate, and consistent payments can help avoid these complications.

By establishing robust collection and enforcement procedures, Illinois law aims to ensure that the child’s financial needs are met. Monitoring changes in each parent’s income and the child’s situation, addressing unreimbursed medical bills, adding or removing coverage for childcare expenses, and adjusting obligations when circumstances shift all contribute to a more effective support framework. The frequent use of IWOs, combined with a broad array of enforcement actions, encourages timely payments and reduces the likelihood of contentious disputes. Ultimately, child support orders are designed to maintain a consistent level of financial care so that children receive the support they require under Illinois law. If you need legal guidance regarding enforcing or modifying payments, a child support attorney in Wheaton, Il, United States can help protect your interests.

Seek Help in Protecting Your Rights and Interests

At the Law Offices of Michael F. Roe LLC, we understand that ensuring your child’s financial security is critical to their future. If you find yourself uncertain about how much support should be provided or whether a modification is warranted, our experienced child support lawyers in Wheaton, IL, United States are ready to assist. We work collaboratively with you to help safeguard your interests and promote a fair outcome. Whether you want to negotiate support terms, address unpaid child support, or need guidance regarding calculation methods and parenting plans, our firm is available to offer personalized services. Trust us to help you understand your obligations and protect your rights so your child’s needs are properly met. Don’t hesitate to reach out for a Free Consultation at (331) 222-9161. Contact the Law Offices of Michael F. Roe LLC to get the reliable assistance you need in managing the complexities of child support.