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Naperville child support lawyerWhen parents get divorced, there are many things that suddenly become a topic of concern for their children. Once you determine how you will split parenting time, you can then begin to calculate how much child support will be paid by whoever has the least amount of parenting time. In the state of Illinois, child support calculations take into account both parents’ incomes, the number of children, and the amount of parenting time that is allocated to each parent. Child support may also include a child’s medical expenses, which either or both parents can be responsible for. Child support calculations can be complicated and disputed, but an Illinois divorce lawyer can help you ensure your parenting plan addresses your child’s medical needs and his or her medical expenses.

Who Maintains the Child’s Health Insurance Coverage?

According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), a portion of the basic child support payment made each month to the custodial parent is intended to be used for basic medical expenses, such as cough medication if the child had a cold. However, the court does have the authority to order either or both parents to add the child to an existing policy held by either of the parents or purchase health insurance coverage for the child.

How Are Other Medical Expenses Managed?

It is rare that all of a person’s medical expenses will be completely covered by insurance. Typically, insurance companies pay for a portion of your healthcare services while you are responsible for the remainder of the cost. These costs can add up quickly, which is why it is important to denote how you will allocate those costs for your child in your parenting plan. If you and your spouse cannot come to an agreement, the court has the discretion to order either or both of you to pay for medical expenses beyond insurance coverage, dental care, orthodontic care, and vision care.

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DuPage County child support modifications attorneyOne thing that is addressed in all divorce cases involving children is child support. Illinois believes that both parents have a responsibility to financially contribute to the cost of raising a child. Because of this, child support is not just the responsibility of one parent, but rather, an obligation for both. In the state of Illinois, child support is provided to the main caregiver by the child’s other parent until the child is 18 years old or graduates from high school, whichever comes later. Both parents are responsible for what is called the “basic child support obligation.” Each parent’s share of that obligation is determined using a formula that takes into account the incomes of each parent in addition to their parenting time.

Life is not always predictable and can throw curve balls when we least expect it. It is not uncommon for a parent to become unable to handle their current support payments; however, they are legally required to pay them unless their arrangement gets legally modified. In the instance where you believe that your support payments should be modified, you can petition the court to make this change. Before you do that, you must be able to prove that there has been a “significant change in circumstances.” 

Examples of Significant Changes in Circumstances

According to the Illinois Marriage and Dissolution of Marriage Act, there are three reasons why a child support order can be modified: there has been a significant change in circumstances, the child support order deviates from the child support guidelines, or the order needs to be changed to address the child’s healthcare needs. A significant change in circumstances is the most common reason why child support orders are modified. These changes in circumstances can include:

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DuPage County family law attorneyWhen you get a divorce, everyone is impacted. In many cases, children are the ones who are most affected, because they may not always understand what divorce means. Illinois courts believe that a child flourishes when both parents are in their child’s life and play an active role. Even if a person does not have a personal relationship with their child, parents have a responsibility to provide for their child financially. This is where child support comes in. Both parents are expected to contribute to the financial needs of the child, and they must provide a basic amount of child support, which is determined using a formula defined in the Illinois Marriage and Dissolution of Marriage Act. However, this basic child support obligation does not always account for all of the expenses that are involved in raising a child. Parents may also be required to divide other costs.

Extra Expenses

  • Medical Expenses: Medical care is expensive, which is why it makes sense to require both parents to contribute to these costs. The court can require either parent to add the child to his or her insurance plan. The court can also require both parents to split the out-of-pocket costs associated with medical care.
  • Childcare: The courts will divide the reasonable costs of employment-related childcare between the parents based on the percentage of the basic child support amount that each parent is responsible for. The costs will be added to the basic child support obligation, and payments may be paid to the other parent or to the childcare provider directly.
  • School and Extracurricular Costs: A child’s upbringing can be greatly supplemented by extracurricular activities. Because of this, Illinois courts can order either or both parents to pay for reasonable costs of extracurricular or school activities that are meant to enhance the child’s educational, athletic, social, or cultural development.
  • College Expenses: Attending college or receiving post-secondary education is often a key part of ensuring that a child will have success in life. Because of this, Illinois courts can also order one or both parents to contribute to the costs associated with college. These costs can include tuition, room and board, books, supplies, or other materials.

A Naperville, IL Child Support Attorney Can Help You Get Your Child the Financial Support They Deserve

Not only are both parents expected to contribute to the financial responsibility of raising a child, but they are required by law to do so. Illinois courts will order both parents to pay for costs related to their children, and if they do not, they can face penalties. If you are going through a divorce or are looking to collect child support from your child’s other parent, you should contact a knowledgeable DuPage County child support lawyer. At Goostree Law Group, we can help you figure out an appropriate figure for basic child support and also calculate the appropriate costs to add to that figure for extra expenses. Call our office today at 630-364-4046 to schedule a free consultation.

 

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b2ap3_thumbnail_childsupport3.jpgFor many divorcing families, the topic that is always at the forefront of every decision is the children. For divorcing parents, a topic that often comes up is child support. In years prior, the calculations for child support were much more basic, but they did not always take into account the factors that more and more parents were dealing with, such as two incomes and shared parenting time. In today’s child support calculation process, more details are taken into consideration than ever before. This includes the amount of parenting time each parent has, the income of each parent, the cost of health insurance for the child, the cost of the child’s extracurricular activities and the cost of childcare. The calculation process can be difficult, but it is important to understand.

Determining the Basic Child Support Obligation

Before the amount that each parent should provide for support is determined, the basic child support obligation is calculated. This is the total finances that both parents should be providing their children each month. To find this, the gross monthly income is determined for each parent. Then, the corresponding value from the 2019 Gross to Net Income Conversion Table is taken, which is the parent’s net monthly income. These two incomes are then added together. The total of both parents’ incomes is used to find the amount that both parents should be using each month to provide for the child’s basic needs.

Determining Who is Responsible for Paying What

Once you know how much should be spent on the child’s basic needs each month, you have to figure out who will be paying what. First, you will determine how much each parent’s income is in relation to the household’s total monthly income. You can do this by taking each parent’s income and dividing that number by the sum of both parent’s income. The percentage of the household income that each parent is responsible for also depends on the number of children. Using the Income Shares Schedule, a single parent of three kids who makes $2,075 per month will be responsible for paying $839 per month.

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Wheaton paternity lawyerThe number of babies born to unwed mothers has dramatically increased in the past 50 years or so. According to the Pew Research Center, around 5 percent of births in 1960 were to unmarried women. Today, the number of babies born to unmarried mothers is somewhere around 40 percent. While the acceptance of birth outside of marriage has grown, many mothers now find that they must go about other ways of establishing paternity for their children.

In the state of Illinois, paternity can be established in one of four ways: through assumed paternity, through a signed and completed Voluntary Acknowledgement of Paternity, through an Administrative Paternity Order or through an Order of Paternity.

Assumed Paternity

One of the most common ways of establishing paternity is through assumed paternity. The state of Illinois assumes that when a child is born to a married mother, the husband is the father of the child. If the mother was married or in a civil union when the child was born or within 300 days before the child was born, the husband is legally presumed to be the father of the child. If the mother was not married during that time, she must go about establishing paternity through one of the other ways.

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Posted on in Family Law

Wheaton child support lawyerIn today’s job market, it is becoming increasingly necessary to have education beyond a high school diploma. Regardless of whether that means attending a trade school or earning a degree, the price of higher education continues to increase as a direct result of supply and demand economics. Not only do parents feel the pressure to ensure the best life for their children, but Illinois also puts additional pressure on parents to cover this demand by ordering parents to pay for undergraduate education.

The requirement leaves many divorced Illinois parents wondering, who is ultimately responsible for the bill?

Your Divorce Occurred in the Past

If your divorce occurred years ago when college planning was the last thing on your mind, it is not unusual to require a modification of terms. First, review the original divorce decree to see if it included any stipulations regarding higher education. This step must be completed well before the child begins schooling or acquires any education expenses. If the issue was on reserve to review at a later date, failing to discuss the decree until after cost accumulation may result in a denial of assistance for the current expenses.

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