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Palatine Family Lawyers

Child support is a relevant issue in any divorce that involves children under the age of 18. Once a judge issues an order for child support, that order is legally binding. If child support is not paid, the courts may find the non-paying parent in contempt of court. There are times, however, when a parent has a problem paying their child support payments. In these instances, is it possible to modify a child support order? It is possible, but it is not always easy.

Determining Child Support Payments

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b2ap3_thumbnail_suspend-child-support-Barrington.jpgDisputes over child support from separated or divorced parents are fairly common, and each party has a legitimate stake in convincing the other why the money is being properly or poorly spent. Despite these disagreements, most parents ordered to pay child support realize the importance to the child's well-being, and continue to pay support regardless of contention with the other parent.

However, circumstances do arise that directly impact a parent's ability to pay child support, such as job loss and serious illness, and he or she may be motivated to ask a Court to modify the child support obligation to a level that is financially feasible.

Usually, constraints on a parent's ability to pay are connected to situations that engender some degree of sympathy or understanding. Still, some facts push others to have little to no compassion for the financially-strapped parent. One circumstance that squarely fits within this group are those parents who are incarcerated. People do not typically end up in jail or prison for following the law, but one obvious and serious consequence of incarceration is the inability of many of these parents to pay child support.

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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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