Child Support
We Are Guiding You Every Step of the WayChild Support Lawyer in Hoffman Estates
Advocating for Your Child’s Financial Security in Cook County
No matter how contentious your divorce proceedings are, you may have certain financial obligations to help care for your child or children. This determination is based on a number of personal and professional issues, including parenting time and your employment situation.
Despite your circumstances, your first responsibility should be for the care and well-being of your children. Child support should never be used to leverage a legal advantage against your ex-spouse, nor should either parent seek more than is necessary to maintain your child’s way of life. At Law Firm of Caryl Jacobs Gabe, Ltd., our Hoffman Estates child support attorney works with you and your former spouse to determine a plan that works best for your family.
Discuss your child support case with our child support lawyer in Hoffman Estates. Call now at (847) 278-2851 or reach out online to schedule a consultation.
Key Factors Influencing Child Support Decisions
Illinois uses the Income Shares model rather than the former fixed-percentage net-income approach. The calculation considers both parents’ financial information, applies statutory deductions and the state’s gross-to-net conversion materials, and uses the child support guidelines to identify a basic support obligation based on combined parental income and family size. Illinois updates its schedules and conversion materials, including materials effective March 20, 2026. An online child support estimate can provide a starting point, but it doesn’t determine the amount a court may order in a particular case.
Factors that may affect support include:
- The child’s financial needs, including health care and education expenses
- The financial resources of each parent
- The child’s standard of living before the divorce
- The financial needs and resources of each parent
- The child’s age, physical and emotional condition
- Parents’ assets, including payments from a previous marriage
- Insurance costs; work expenses, such as union dues, taxes, and debts
Parenting time can affect a child support calculation, particularly when both parents exercise substantial parenting time. A change in parenting time doesn’t automatically establish a specific support amount because the complete financial and parenting-time picture must be evaluated.
Child-Related Expenses Beyond Basic Support
A child support order may also address expenses outside the basic support amount. These can include health insurance coverage, uninsured medical expenses, childcare expenses, education-related costs, and extraordinary medical or developmental needs.
How an expense is allocated depends on the existing or proposed order, each parent’s circumstances, and applicable Illinois law. We can help parents identify which child-related costs need to be addressed as part of their child support matter.
How Is Child Support Established in Illinois?
Child support is typically established through a family court order. In Illinois, either parent can request child support through the court system, and the court will consider the state’s child support guidelines and the facts of the case when determining the amount. If parents are not married, child support can be requested as part of a paternity case. In divorce cases, child support is usually included in the final divorce judgment or another court order.
Once the court has determined the appropriate amount of child support, a legal order will be put in place. This order will outline how much a parent is required to pay, how often payments must be made, and other conditions related to the support of the child. Child support generally continues until emancipation. Unless a court order provides otherwise, support may continue after age 18 while a child attends high school, but not beyond age 19.
A Hoffman Estates child support lawyer can help you navigate the process of establishing child support, helping you address the factors relevant to the support determination.
How to Modify Child Support Orders in Cook County?
Some common reasons for modifying child support include:
- Significant Change in Income: If a parent experiences a significant increase or decrease in income, this may warrant a modification of the child support order. For example, if a parent loses their job or receives a promotion, the amount of child support may need to be adjusted accordingly.
- Changes in Parenting Time: If the custody or parenting time arrangement changes, such as one parent gaining additional time with the child, the child support order may need to be modified to reflect this change.
- Changes in the Child’s Needs: As children grow older, their needs may change. For example, if the child requires special education, medical treatment, or additional extracurricular activities, these factors may impact the amount of child support ordered.
- Change in the Custodial Parent’s Living Situation: If the custodial parent’s circumstances change, such as their income or living expenses, the court may consider these factors when determining whether a modification of child support is necessary.
A child support modification doesn’t occur simply because a parent believes the current amount is unfair. Financial records, parenting-time information, and evidence of changes in the child’s needs can be important when evaluating whether the legal requirements for a modification may be met.
How to Enforce Child Support Orders?
The following are possible ways to enforce a child support order in Illinois:
- Wage Garnishment: One of the most common methods of enforcing child support is wage garnishment, where the child support payments are deducted directly from the non-custodial parent’s paycheck. The court can order the employer to withhold a portion of the parent’s wages and send it to the State Disbursement Unit for distribution.
- Contempt of Court: If the non-custodial parent willfully fails to pay child support, they may be held in contempt of court. A contempt finding can lead to various penalties, including fines, property liens, and even jail time.
- Suspension of Driver’s License: In some cases, the court can order the suspension of the non-custodial parent’s driver’s license if they are not paying child support. This is typically used as a tool to encourage compliance with child support orders.
- Intercepting Tax Refunds: The state can intercept federal and state tax refunds from the non-custodial parent to satisfy overdue child support payments.
- Seizing Assets: In extreme cases, the court can order the seizure of the non-custodial parent’s assets, including bank accounts or personal property, to cover unpaid child support.
The remedy available in an enforcement dispute depends on the order, payment history, procedural posture, and applicable law. Our child support attorneys can provide representation when you need to address compliance with an existing order.
We serve clients across the suburbs of Chicago, including Hoffman Estates, Palatine, Barrington, and Schaumburg, from our offices in Palatine (by appointment only) and Hoffman Estates. To schedule an appointment, reach out for a free child support consultation by calling (847) 278-2851.
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