3 Child Support Myths Heard by Child Support Attorneys

by | Aug 18, 2020 | Lawyers & Law Firms

It is not uncommon for parents in Bolingbrook and the surrounding areas to hear a lot of misinformation about divorce and child support from well-intended friends, family, and colleagues. In many cases, the myths are old, outdated information on how child support guidelines are utilized through the court system.

Understanding and explaining specific issues around any divorce is the role of legal professionals. In the case of the children, Naperville child support attorneys can provide specific, accurate information for the parents.

Myth 1: All Cases Follow the Guidelines
As child support attorneys are quick to note, the child support laws, as set forth by the State of Illinois, provide guidelines, not mandated numbers for each case. This allows the Family Court Judge to deviate from the guidelines as allowed under the law.

In most cases, these types of deviations from the guidelines are in place to address the financial needs of the children, the standard of living currently in place, and any physical, educational, or emotional care the child or children may require.

Myth 2: Only One Parent’s Income is Considered
In DuPage County family courts, and throughout the state, the combined net income of both parents is used to determine the income of the family. In other words, the court assumes the income of both parents when determining the amount of child support. This is not the same model as used in the past, where only the non-residential parent’s income was considered.

Other factors considered include shared parenting time, where the model of “shared parenting” is used. With both parents having relatively equal time with the children, less child support is required as both parents are expected to financially care for the children during their parenting time.

Myth 3: Child Support Does Not Change
Child custody can and does change over time based on specific types of events. Child support attorneys can provide specific information on the type of event, and if a child support modification is required.

For example, a parent may lose a job or may become injured, which would decrease the income and the ability to pay the current level of child support. Other issues may include an increase in income, an additional financial requirement for caring for the child, or other similar factors.

Some issues, such as refusing to work or attempting to hide income to avoid paying child support, can also be addressed through the courts. If these issues are of concern, talking with a child support lawyer as early as possible is essential.

At Keller Legal Services, our Naperville family law attorneys have extensive experience handling complex parenting time cases. To set up a free, confidential review of your case, please do not hesitate to contact our firm today.

Latest Articles