Accomplished Illinois Child Support Lawyer
At the Chicago Law office of Nettie F. Sabin we are devoted to helping clients resolve child support issues in a fair manner, based upon all the relevant information.
While often considered an integral part of divorce proceedings, marriage is not a prerequisite to a person's obligation to pay child support. These issues arise for clients going through a divorce, who are already divorced, or were never married.
Establishing the obligation to pay child support
In Illinois, the percentage of "net income" that a non-custodial parent must pay towards child support is ascertained by a child support formula established by statute; however, it is not easy to arrive at the actual amount owed, unless all the relevant information is disclosed. If a parent is hiding a second job, or assets that produce income, then the formula will not be applied fairly.
Parents are entitled to full disclosure of financial information, regardless of their marital status, to determine what their fair contribution should be with regard to child support, medical insurance, education expenses, and out-of-pocket child care.
Also, the formula allows for an adjustment of the amount owed in either direction. Under certain circumstances, such as special needs children or a loss of income, support can be modified from the statutory formula.
Once all assets and income have been disclosed and net income correctly computed, then courts might apply factors in the statute to allow the custodial or residential parent (with whom the child lives) to receive more than the statutory percentage, or be prepared for the other parent to present argument that might militate for a lower percentage of net income to be paid as child support.
If the parties were never married, paternity or parentage must first be established. If a Voluntary Acknowledgement of Paternity (VAP) has been signed and filed, no DNA test is necessary. If there is no VAP, then DNA tests are usually done. Once parentage is established, the same child support provisions apply.
Arrearages and retroactive child support
Claims for arrearages and retroactive child support can be made. For example:
- When the parents were never married, under certain circumstances, support can be retroactive to the date of birth;
- When there is a delay in the court's hearing a petition. If the petition is successful, one is entitled to receive support from the date of filing;
- When there is a current support order that is not being property paid, the amount due under the current order can be established as an arrearage; and
- Both retroactive and arrearages on current support can be paid in either (a) lump sum, (b) additional payment with current support, or (c) a combination of the two.
There are many complicated factors relating to the establishment, modification and enforcement of child support obligations, please call our office to arrange a free initial consultation with attorney Nettie F. Sabin. An attorney skilled and experienced in these matters can be a great help with these issues.
Law Office of Nettie F. Sabin
4322 North Mozart Street,
Lower Level, Chicago, IL 60618
Phone: 773-463-4747 ▪ Fax: 773-463-4772 ▪ E-mail