North Shore Child Support Attorney near Round Lake Beach and Lake Villa

As a family lawyer over the last 40 years serving clients in the North Shore suburbs of Illinois, I’ve helped clients in the following ways:

  • Negotiating a child support agreement with the other parent

  • Filing a petition for child support

  • Representing you in court during a child support hearing

  • Collecting child support that is owed

  • Modifying a child support order

Below are some of the most common questions from clients I help with child support litigation.

What is the statute of limitation on child support in Illinois?

The statute of limitations on child support in Illinois is 20 years. This means that a parent can file a child support case against the other parent for up to 20 years after the child's birth. If the parent does not file a case within 20 years, they may be barred from collecting child support.

There are a few exceptions to the 20-year statute of limitations. For example, if the parent who owes child support has been hiding assets or income, the 20-year clock may be tolled. Additionally, if the parent who owes child support has been incarcerated, the 20-year clock may be tolled.

If you are a parent who is owed child support, filing a case as soon as possible is essential. The sooner you file, the sooner you can receive child support payments. If you are a parent who owes child support, ensuring you make your payments on time is essential. You may be subject to penalties and interest if you stay caught up on your payments.

Here are some additional resources about child support in Illinois:

Does child support automatically stop at 18 in Illinois?

Child support in Illinois automatically stops at 18 years old unless extenuating circumstances exist. This means that the non-custodial parent is no longer legally obligated to pay child support once their child reaches the age of majority. However, there are a few exceptions to this rule.

For example, suppose the child is still in high school and is not financially independent. In that case, the non-custodial parent may be required to continue paying child support until the child graduates. Additionally, suppose the child has a disability that prevents them from being financially independent. In that case, the non-custodial parent may be required to continue paying child support until the child reaches age 23.

If you have any questions about child support in Illinois, please don't hesitate to reach out. I can help you understand your rights and obligations as a non-custodial parent.

Here are some additional details about child support in Illinois:

  • The amount of child support is based on several factors, including the income of both parents, the number of children, and the cost of living in the area.

  • Child support payments are usually made through the Illinois Department of Healthcare and Family Services (HFS).

  • If the non-custodial parent fails to pay child support, they may be subject to several penalties, including wage garnishment, driver's license suspension, and jail time.

  • If you are a non-custodial parent struggling to make child support payments, you may be able to get a modification of your order. However, you must show that there has been a significant change in your circumstances since the order was initially issued.

How much child support do you owe to go to jail in Illinois?

In Illinois, you have to owe no set amount of child support to go to jail. However, if you are ordered to pay child support and fail to do so, you may be held in contempt of court. This means that you could be jailed until you pay the back child support or until you make arrangements to start paying it.

The amount of child support you are ordered to pay is based on several factors, including your income, the number of children you have, and the cost of living in your area. If you cannot afford to pay the total amount of child support that you have been ordered to pay, you may be able to get a modification of your order. However, you must show a good reason for the modification, such as losing a job or a medical condition.

Please let me know if you face jail time for non-payment of child support. I can help you understand your rights and options and represent you in court.

Here is some additional information about child support in Illinois:

  • The minimum amount of child support that a parent can be ordered to pay is $50 per month.

  • The maximum amount of child support that a parent can be ordered to pay is 20% of their net income.

  • Child support payments are usually made through the Illinois Department of Healthcare and Family Services (HFS).

  • HFS can withhold child support payments from your paycheck or tax refund.

  • If you are behind on child support payments, you may be able to get a payment plan or a waiver.

  • If you cannot pay child support, you may be able to get a modification of your order.

  • If you fail to pay child support, you may be held in contempt of court.

  • If you are jailed for non-payment of child support, you may be able to get out of jail if you start paying child support or make arrangements to start paying it.

What is the new law on child support in Illinois?

Illinois's new law on child support went into effect on January 1, 2023. The law makes several changes to how child support is calculated and enforced.

One of the most significant changes is that the new law uses a new formula to calculate child support. The formula considers the incomes of both parents, the number of children, and the time each parent spends with the children. This new formula is designed to be more equitable and to ensure that both parents contribute equally to the cost of raising their children.

Another change is that the new law makes it easier for parents to enforce child support orders. The law allows parents to use wage garnishment, bank account levies, and other methods to collect child support. The law also allows parents to file for contempt of court if the other parent fails to pay child support.

The new law also includes several provisions to help parents struggling to pay child support. For example, the law allows parents to request a modification of their child support order if their income has changed significantly. The law also waivers child support for parents who cannot pay due to a disability or other extenuating circumstances.

The new law on child support in Illinois is a significant change from the previous law. The law is designed to be more equitable, to make it easier for parents to enforce child support orders, and to help parents who are struggling to pay child support.

The new law has been met with mixed reactions. Some parents and advocates have praised the law for making it easier to collect child support and providing more support for parents struggling to pay. Others have criticized the law for being too harsh on parents who cannot pay child support.

It remains to be seen how the new law will be implemented and how effective it will ensure that children receive the support they need.

How To Modify Child Support Agreements in Illinois

Child support agreements are legal documents that set forth the amount of child support one parent will pay the other. These agreements are often made when parents divorce or separate, but they can also be made in other situations, such as when parents are never married but have a child together.

In Illinois, child support agreements can be modified if there has been a significant change in circumstances since the agreement was made. This could include a change in income, a change in the number of children, or a change in the needs of the children.

To modify a child support agreement, you must petition the court. So that you know, the petition must state why you are requesting the modification and the changes you request. The other parent will then have an opportunity to respond to the petition.

The court will review the petition and the evidence presented by both parties and decide whether to modify the child support agreement. The court will consider the children's best interests when deciding.

If the court modifies the child support agreement, the new agreement will become effective immediately. The parent paying child support will be responsible for paying the new amount starting when the court order is entered.

Please let me know if you are considering modifying a child support agreement so we can discuss your options. I can help you understand the law and represent you in court if necessary.

Here are some additional things to keep in mind about modifying child support agreements in Illinois:

  • The court may not modify a child support agreement if the change in circumstances is not significant.

  • The court may not modify a child support agreement if the change in circumstances is due to the parent's fault.

  • The court may not modify a child support agreement if the change in circumstances would harm the children.

If you have any questions about modifying a child support agreement in Illinois, please don't hesitate to contact me.

When An Illinois Court Can Order Child Support

An Illinois court can order child support when parents are divorced, separated, or never married. The court will order child support based on the child's needs and the parent's financial resources. The court will also consider how much time each parent spends with the child.

The amount of child support ordered by the court will vary depending on the specific circumstances of each case. However, there are some general guidelines that the court will use to determine the amount of support. These guidelines consider each parent's income, the number of children, and the cost of living in the area.

If one parent is unemployed or underemployed, the court may order that parent to pay child support based on their potential income. This means the court will consider what the parent could earn if working full-time.

The court may also order that one parent pay child support even if they do not have a job. This can happen if the parent has a history of unemployment or cannot find a job that pays enough to support the child.

Sometimes, the court may order that both parents pay child support. This can happen if the parents have equal incomes or the child spends equal time with each parent.

The court may also order that one parent pay child support for a child who is not their biological child. This can happen if the parent has adopted the child or if they have been declared the child's legal guardian.

Child support is a court order, and it is essential to follow the order. If you do not pay child support, you may be held in contempt of court. This can result in fines, jail time, or both.

If you have any questions about child support, please call me. I can help you understand your rights and obligations under the law.

Here are some additional resources about child support in Illinois:

Can I Sue for Child Support?

Yes, somebody can sue for child support in Illinois. The Illinois Department of Healthcare and Family Services (HFS) encourages parents to file for child support if they are not receiving it from the other parent.

There are a few different ways to file for child support in Illinois. One way is petitioning the Illinois Department of Children and Family Services (DCFS). DCFS will then investigate the case and determine how much child support should be paid. Another way to file for child support is to petition the circuit court in the county where the child lives. The court will then issue an order for child support.

The amount of child support that is ordered will depend on several factors, including the income of both parents, the needs of the child, and the amount of time each parent spends with the child. The court will also consider any other factors that it deems relevant.

If the other parent does not pay child support, the parent who is owed the support can file a motion with the court to enforce the order. The court can then issue a warrant for the arrest of the other parent, or it can order the other parent's wages to be garnished.

The court can also order the other parent to pay interest for unpaid child support. The interest rate is currently 10% per year.

If you are owed child support in Illinois, you should contact the Illinois Department of Healthcare and Family Services or the circuit court in the county where the child lives to file a petition for child support. You can also get more information about child support on the Illinois Department of Healthcare and Family Services website.

Here are some additional resources that may be helpful:

Starting a case to get child support

If you are a parent in Illinois who is not receiving child support from the other parent, you can start a case to get child support. The process is relatively simple, but there are a few things you need to do to get started.

The first step is to file a petition with the Illinois Department of Healthcare and Family Services (HFS). You can do this online or by mail. The petition will ask for information about you, the other parent, and your child and the amount of child support you are requesting.

Once you have filed the petition, HFS will send a copy to the other parent. The other parent will have 30 days to respond to the petition. If the other parent does not respond, HFS will issue a default judgment against them. This means the court will order the other parent to pay child support without a hearing.

If the other parent does respond to the petition, HFS will schedule a hearing. At the hearing, the court will decide how much child support the other parent should pay. The court will consider factors such as the income of both parents, the needs of the child, and the amount of time the child spends with each parent.

Once the court has issued an order for child support, the other parent must pay the support on time. If the other parent does not pay child support, you can file a motion with the court to enforce the order. The court can take several actions to enforce the order, such as garnishing the other parent's wages or suspending their driver's license.

Starting a case to get child support can be daunting, but it is essential to remember that you have the right to financial support for your child. If you have trouble getting child support from the other parent, contact the Illinois Department of Children and Family Services (DCFS) for help. DCFS can provide information and resources to help you get your child's support.

Here are some additional resources that may be helpful:

Child Support in Illinois: Who Is Responsible

Child support is a court order requiring a parent to pay the other parent to help with the costs of raising their child. In Illinois, child support is based on both parent's income and the child's needs. The amount of child support is calculated using a formula the state sets.

The parent who has the majority of physical custody of the child is usually the one who receives child support. However, there are exceptions to this rule. For example, if the parents have joint physical custody or one parent has a lower income than the other, the court may order the higher-earning parent to pay child support.

Child support is paid until the child reaches the age of 18 or until they graduate from high school, whichever comes first. Child support may sometimes be paid for longer if the child has a disability.

If a parent fails to pay child support, they may be held in contempt of court. This means that they could be fined, jailed, or both. They may also have their driver's license suspended or their wages garnished.

Both parents are responsible for providing financial support for their children. If you are a parent not paying child support, contact the Illinois Department of Healthcare and Family Services (HFS) to discuss your options. You may get help with paying child support, or you may be able to get a modification to your child support order.

If you are a parent receiving child support, you should contact HFS if you are still waiting to receive the total amount of child support you are owed. HFS can help you enforce your child support order.

For more information about child support in Illinois, please visit the Illinois Department of Healthcare and Family Services website.

How is child support calculated in Illinois?

Child support in Illinois is calculated using a formula that considers both parents' incomes, the number of children, and the parenting time each parent has with the child. The formula ensures that both parents contribute equally to the cost of raising their children.

The basic child support formula in Illinois is as follows:

(Combined Parental Income) x (Child Support Percentage) = Child Support Obligation

The combined parental income is the total income of both parents, including wages, salaries, bonuses, commissions, alimony, and child support from other sources. The child support percentage is a percentage of the combined parental income used to calculate the child support obligation. The child support percentage is based on the number of children and each parent's parenting time with the child.

For example, if the combined parental income is $100,000 and the child support percentage is 20%, then the child support obligation would be $20,000.

The court may adjust the child support obligation based on several factors, including the child's needs, the parent's financial resources, and the parenting time each parent has with the child.

What if I can't afford to pay child support?

If you can't afford to pay child support in Illinois, you may be able to get a modification of your order. To do this, you must file a petition with the court. In your petition, you must explain why you can't afford to pay the current amount of child support. You must provide evidence to support your claim. This evidence may include pay stubs, tax returns, and bills.

If the court finds that you cannot pay the current amount of child support, it may modify your order. The court may lower the amount of child support you owe or suspend your child support payments altogether. The court may also order you to make other payments, such as health insurance premiums or educational expenses.

If you can't pay child support, you should contact the court as soon as possible. The court can help you to get a modification of your order, and it can also provide you with other resources that may be helpful.

Here are some additional resources that may be helpful:

  • The Illinois Department of Healthcare and Family Services (HFS) offers a variety of programs and services to help families with child support. You can find more information on the HFS website: https://www2.illinois.gov/hfs/childsupport/

  • The Illinois Legal Aid Online website provides information and resources about child support in Illinois. You can find more information on the Legal Aid Online website: https://www.ilao.org/legal-information/family-law/child-support

  • The Illinois State Bar Association offers a free legal hotline that can provide you with information about child support. You can call the hotline at 1-800-252-8062.

If you have financial difficulties, I would like to ask you to please seek help as soon as possible. Several resources are available to help you get back on your feet. You can find more information about financial assistance programs on the Illinois Department of Human Services website: https://www2.illinois.gov/dhs/