Category Archives: Child Support
Important Facts about Child Support Lawyers
Child support lawyers play an important role in helping resolve child support cases during or after a divorce. The law does not oblige you to get a lawyer to assist you in a child support case, but hiring an attorney can be a good idea in many circumstances.
Hiring a lawyer is especially important if you are in the process of handling a divorce or a dispute about child custody and you and your partner are unable to reach an amicable settlement about support or custody. Here are three crucial facts that you need to know about child support lawyers.
What child support lawyers do?
Child support lawyers are family attorneys whose role is to assist you in your child support case in various ways as noted below:
- Assessing your case and offering you appropriate legal advice on the way forward
- Explaining the details of the case and what is expected at each stage
- Computing any expected child support payment
- Representing you during negotiations
- Appearing in court on your behalf
Why you need a child support lawyer?
You may think that hiring a child support lawyer is costly or even unnecessary. However, from the points above, you can see that there are many things that lawyers do which you may not be able to do on your own. Here are some reasons why you need a child support lawyer:
- If your former partner has a lawyer: To be on the same level, you should have a lawyer to represent you if the other party has an attorney.
- When the case is complicated: Some child support cases are complicated. For example, you and your former partner may have a dispute regarding issues such as custody or the amount to be paid as child support. In such a case, you need a lawyer to help you argue your case and offer you all the assistance that you need.
- A lawyer can help you calculate the amount of child maintenance: Child support lawyers know the information that is taken into consideration when computing the child support amount. Thus, by working with a lawyer, you will be able to compute the amount correctly.
- Modifying the child support amount: Any alteration that is made to the child support amount needs to be done carefully. A lawyer can guide you through the process and make it easier.
Factors to consider before hiring a child support lawyer
There are several factors that you should consider before you hire a child support lawyer. These include:
- Whether paternity issues have been addressed
- Whether there is another custody lawsuit pertaining to the same child or children.
- How child support will affect your financial status
- The child support amount that is expected.
A child support lawyer can give you priceless assistance during your child support case. Although having a lawyer during a child support lawsuit is not a requirement, there are many instances in which you will need legal assistance. Understanding what child support lawyers do, why you need one and the factors to consider before you hire them can go a long way in ensuring that you make a strong case.
Reasons to Modify Your Child Support Order
Child support exists to ensure that children receive the monetary support they need regardless of whether their parents are legally married or not. As such, this legal document is enforced to the fullest extent of the law and must be carefully followed once it is in place. That doesn’t mean, of course, that there is never any reason to modify the court order. There are a few different situations that could warrant a second look at your child support decree.
1. Change in Income
Child support is based at least partially on parental income. If that income changes substantially, the child support order might need to be modified. Note that this can include “good” changes as well as “bad” changes. If one parent receives a raise or takes a new job with a higher income, the child support order might need to be adjusted. The same is true if a parent loses their job or their income otherwise drops.
2. Undisclosed Income
Because child support is partially based upon parental income, any money made that is unreported and discovered after the order has been finalized might be grounds for modification. If one parent is working “under the table,” in other words, and the other parent can prove this, the child support order will likely need to be adjusted to account for the change in earnings.
3. Increased or Reduced Child Expenses
If your child’s expenses increase or decrease, it might be time to modify the child support order accordingly. This can happen if the child’s health insurance needs to change, for example, or if expenses like private school, tutoring, or care for children with special needs become an issue.
4. New Custody Arrangements
Another reason your child support order might need to be modified is when the child custody situation changes. If those circumstances change, or if the other parent fails to pay their support as ordered, you can return to court and document the changes and request a modification to reflect the new circumstances.
If you’re considering changing your child support order, reach out to the experienced attorneys at Abear Law Offices today at 630-904-3033!
Back-to-School and Co-Parenting
Back-to-School and Co-Parenting
It might seem as though the time has flown by, but the summer holidays have ended, and autumn is right around the corner. And from the shelves overflowing with notebooks and pens to the demand for new clothes and backpacks, it is abundantly clear that it’s time for many children to head back to school. This is either fantastic or sad depending upon your perspective, however one thing is certain: it’s time to re-evaluate your boundaries, rules, and parenting arrangements with your co-parent.
Get Ready for the School Year
The new school year is a time of adjustment for many reasons. This can include your co-parenting approach, which might change according to your child’s new schedule and the new responsibilities they hold. It is important to make sure you have a good handle upon their school hours and what to expect regarding extracurricular activities. If you already have this information, make sure to share it with your co-parent so that everyone is on the same page and can work together to ensure your child’s success. You’ll also want to work out transportation details for school, extracurriculars, and parenting time in advance.
Revisit House Rules
Something else to keep in mind as the new school year dawns is that your child’s rules might change accordingly. Perhaps you have a new house rule regarding a bedtime, for example, that wasn’t in effect over the summer. It is a good idea to communicate with your co-parent to keep the rules consistent between both houses. Children benefit from structure and keeping the guidelines surrounding their personal and school lives clear from parent to parent can help them thrive.
Communicate with the School
Finally, it might be a good idea to reach out to your child’s school. Being able to speak clearly and honestly with your child’s instructor is always a good idea, and it can help them better understand your child’s needs. Keep in mind that teachers who understand the potential struggles your child might face can serve as your child’s allies by keeping an eye on them and reacting to their actions and needs proactively. This might mean calling you to discuss problem behavior or simply re-directing your child during the school day. Either way, building a positive relationship with your child’s instructors is a good idea to pursue, and one that you could embark upon with your co-parent.
For more information regarding co-parenting and the new school year, as well as how to obtain an official parenting plan, contact the professionals at Abear Law Office today!
How to Create a Parenting Plan that WORKS!
Divorce is never easy, but it can get even more difficult when there are children involved. Even if you and your ex-spouse are as amicable as can be, it is essential you both agree on a parenting plan in case of any emergencies, changes in either one of your lives, or altered schedules. At the Abear Law Office, we understand you want the best for your child—and the best includes creating a parenting plan that covers all the important issues which may arise in the future. The best prevention is preparation, and our experienced divorce lawyers are experts in drafting parenting plans that include all the necessary precautions you should take.
The following are things to consider when creating a parenting plan, including but not limited to:
- Schedules, including weekends
- Summer, winter, and spring break schedules
- Your children’s birthdays
- Overnight stays
- Child care
- Rules for meeting new dating partners
- Car seat requirements
- Neutral drop-off locations
- Discipline methods
- Sleeping arrangements
- Parent-child communication
- Internet use
- Cell phone access
- Expectations regarding school activities, sports, religion, etc.
- Sleeping arrangements
- Third-party visitation
- Legal and physical custody decisions
- Post-judgment modifications
Contact the Divorce Lawyers Who Have Seen It All
Through years of experience and knowledge, our skilled divorce lawyers are equipped to handle the most complex of situations. We handle all aspects of divorce and family law with a strong desire to succeed and our client’s needs always come first.
To speak to a representative today, contact our office by calling 630-904-3033
How Illinois Child Support is Calculated
Depending on a family’s structure, either parent or both parents may not be fully present in their children’s lives. If this is the case, either parent may need to pay a certain percentage of his or her income that will go toward child support.
Cooperation Requirements for Child Support
Depending on how strong a relationship is between a father and a mother, the level of interaction between parents can greatly impact a child’s quality of life. Moreover, the addition of child support payments and other parental responsibilities can play a heavy toll on finances and emotions for both the affected parents and the child.
Unmarried Fathers and Their Rights in Illinois
A child is a beautiful gift. Both parents are typically happy to bond with their child and give him or her the best life possible. However, there are situations when a father is not present when his child is born—an alleged father may be unaware that he is actually the biological father of a child.
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Unwed Parents and Child Support Obligations
Having a child can be one the happiest moments in a couple’s life, with the child being everything that the couple could ever imagine. However, not all childbirth occasions are happy or joyous, especially when a child’s parents are no longer together. In fact, having a child can make for a huge burden, emotionally and financially.
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How the Calculation of Child Support Will Change in 2017
Right now, child support in Illinois is calculated based upon the paying parent’s net income and the number of children shared. All of that will change, come July 1, 2017. What sort of changes can you expect, and how might it impact your case? The following explains.
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New Child Support Calculation Model Could Further Complicate Illinois Family Court Process
Illinois made numerous changes to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) at the beginning of 2016. Now, with barely any time for families to adjust, lawmakers have made additional changes to a specific family court matter. This time around, it is a change to how child support is configured. Perhaps these alterations are meant to complement the numerous child-related changes made back in 2016, but what they may do is confuse families and create a potentially sticky situation for the children themselves.
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