Who has custody of the child or children is an important issue in every case.
Who has custody of the child or children is an important issue in every case, but just as important is assuring the necessary financial resources to be able to maintain a child’s standard of living now and into the future. The law recognizes this obligation and provides for child support to be paid by one parent to the other. Generally, child support is paid to the parent who has primary custody, the party with the majority of caretaking functions and parental responsibilities. The amount is determined by a number of factors specified in Illinois law as well as Illinois’ statutory “guideline” percentages of the payer’s “net” income, with the percentages increasing based on the number of children. At the present time the percentage for one child is 20%, for two 28%, etc. Typically, child support ends when that child reaches 18 years of age; however, there are exceptions, such as a child who is 18 but has not yet graduated from high school or a child who is disabled. “Guideline” means a presumptively appropriate amount from which a court may deviate if the facts of the case support a different amount. The parents can agree to an amount different from the one the guideline would yield, but a court must approve any deviation.
“Net” income for child support purposes usually means the payer’s income from all sources less certain statutory subtractions such as taxes, health insurance premiums, Social Security payments, mandatory retirement contributions, union dues, prior obligations of child support and spousal maintenance, necessary medical expenses, and expenditures for repayment of debt that was reasonable and necessary for the production of income.
Illinois law continues to change and develop as to what is part of income and what can be subtracted to arrive at “net” income. Schiller DuCanto & Fleck's Illinois child support lawyers are at the forefront of understanding these changes and their nuances to help their clients present the best case possible to optimize results.
Schiller DuCanto & Fleck’s divorce attorneys are also adept at working with the intricacies of the determination of child support from both the recipient’s and payer’s perspectives. Over the years they have handled thousands of matters involving child support and are well experienced in determining guideline computations, the actual needs of the child, and a party’s actual ability to pay. More important Schiller DuCanto & Fleck is well skilled at presenting convincing evidence and making arguments to the court on all aspects of child support. How well the message is delivered is of equal or greater importance than the substance of the message itself.
Marriages: Thanks to the historic United States Supreme Court decision in Obergefell v. Hodges decided in 2015 marriage is no longer limited to heterosexuals. This expands the same rights and responsibilities to the LGBTQ community concerning marriage and divorce as those of heterosexual marriage.
We help clients prioritize their goals, go over all the possible approaches available, and help clients assess which approach will both advance the case and motivate the other party to settle.
Children are the precious product of a marriage, so parenting issues are the most emotionally draining issues that arise when marriages fail. Spouses may divorce each other, but they do not divorce their children.