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failure to pay child support, Palatine child support attorneyThe divorce is finalized and child support, and custody orders are in place. Your ex has always been sporadic about making child support payments — some are on time, others are late. Yet the late payments are double what is required in order to make up for the missing payments. However, months have passed since you have received a check, and your ex will not return your calls.

What can be done to enforce payment, and what are the potential ramifications for your ex-spouse?

Illinois Child Support Enforcement

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million dollar child support, Illinois divorce attorneyThe newest twist in the divorce of a Chicago hedge fund owner and his wife is her alleged request for $1 million a month in child support for their three children. To all but the most wealthy families (and even to most of them) $1 million per month seems excessive. But it raises the question, if child support is based on statutory guidelines, how can one parent request a certain amount of support, and what would it take for the Court to award it?

Children of Divorce Entitled to Same Lifestyle

Child support is based on a statutory formula that takes into consideration the net income of the obligor (the parent paying support) and the number of children to be supported. Once the Court determines the obligor’s net income, he/she must pay a percentage of his/her monthly net income based on the number of children he/she has. For example, an obligor with three children must pay 32 percent of the monthly net income.

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child-related expenses, Palatine child support attorneyIf you have children, getting divorced means you are never truly free of your ex. The child custody and child support agreements mean you will, at minimum, be dealing with your ex when it comes to exchanging the children for visitation and dealing with support payments.

Yet while those child support payments are determined by a statutory formula based on the parents’ income, deductions and the child custody schedule itself, there are several other child-related expenses that an agreement does not always cover. Hence, this means a lot of unnecessary friction that can often land parents back in court.

Payment of Child-Related Costs: There is an App for That

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child support payment, child support guidelines, child support modification, child support order, Palatine family law attorney, stepparent’s income, child supportFollowing a divorce, chances are high that either you or your spouse will re-marry. However, if you and your ex-spouse had children, and there is a child support order involved, is it possible for the custodial parent to obtain an increase in the original child support award based on the new spouse's income?

Calculation of Illinois Child Support Payment

The Court determines the value of a monthly child support an obligor (the parent ordered to pay child support) must pay based on a child support guidelines adopted by the Illinois legislature. Although there may be slight variations, a typical child support award is a percentage of an obligor’s net income, with the percentage being determined by the number of children he or she is financially obligated to support.

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Posted on in Child Support

establish paternity in Illinois, Palatine paternity lawyer, legal paternity, baby's legal father, birth certificate, child support order, establish paternityPaternity is a term used to describe the relationship between a father and his child. Legal paternity is established by law, and it gives a mother the right to seek child support from her child's father. Additionally, a father then has the right to seek custody and visitation.

In Illinois, when a married woman gives birth, her husband is the baby’s father. Or, if a mother is married at the time of conception, her ex-husband is assumed to be the child’s father. In both scenarios, a husband or ex-husband’s name is placed on a birth certificate and is therefore considered a baby’s legal father.

However, when a mother is not married at the time she gives birth, a father is not automatically considered a legal father — even if the couple is in a long-term relationship and there is no doubt the man is the child’s father. In these scenarios, a father must first establish paternity in order to become a child’s legal father and have his name placed on the birth certificate.

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Introducing The Law Office of Nicholas W. Richardson


Nicholas W. Richardson is an experienced divorce lawyer and mediator whose comprehensive legal knowledge, commitment to clients and reputation for results bring lasting solutions to your problems.

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