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Barrington child support lawyerOne of the primary challenges of being a single parent is finding the money to provide for all of a child’s needs. Divorce and separation can drastically change the financial means of the child’s primary caregiver, and the law expects that both parents will contribute to the financial support of the child until adulthood.

In the abstract, this ongoing obligation seems logically appropriate and fairly easy to arrange, assuming both parents can cooperate. In practice, however, parents may need to fight to establish and enforce child support, and they can face significant obstacles when child support orders are ignored by the other parent.

A recent article in the Chicago Sun-Times noted that there are millions of dollars in overdue child support owed to children living in Illinois. Unfortunately, the child is the person who most suffers when financial support is withheld, as well as the one who will most feel the burden of having less than what he or she really needs. The most effective and fastest route to receiving regular child support is to work with an experienced family law attorney who has the means and knowledge to ask the courts to take action designed to ensure compliance. 

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wrongful death, Palatine IL child support lawyersCalculating child support is one of the most important aspects of a custody case, as the result has the significant likelihood of affecting a child’s life for years to come. Often, a change in one of the parents’ financial circumstances, such as a new employment opportunity, requires courts to reevaluate that person’s monetary contribution. In a recently issued opinion, an Illinois Court of Appeals clarified what constitutes a material change in circumstances such that child support must be modified.

In re Marriage of Fortner

In 2002, Rob Fortner and Shelley S. Scanlan were married and subsequently had a child. In 2003, the couple separated, and an Illinois court ordered that Mr. Fortner pay $313.11 a month in child support. In 2014, Mr. Fortner successfully brought a wrongful death claim against the hospital that treated his father during a fatal heart attack. After deductions for attorney’s fees and other costs of litigation, Mr. Fortner received $169,725.48. Ms. Scanlan then filed a motion to modify child support based on Mr. Fortner’s changed circumstances, although Mr. Fortner argued that the settlement did not constitute increased income for purposes of child support allocation.

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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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