DuPage County Child Support Lawyer
Helping to Ensure Your Children’s Financial Needs Are Met
- Over 23 Years of Experience
- Straightforward, Honest Legal Advice
- Personalized Attention for Every Case
Chicago Child Support Lawyer Denise Erlich Can Help Make Sure You’re Not Supporting Them By Yourself
As the mother of two children, experienced DuPage County child support lawyer Denise Erlich knows how expensive it can be to raise kids. Providing your children with a home, clothing, food, basic necessities, and college can easily add up to hundreds of thousands of dollars. When one parent is trying to make ends meet on his or her own, these financial burdens can quickly become overwhelming.
Illinois law states that both parents have a legal obligation to provide financial support to their children. If you are getting a divorce in Illinois, or the other parent isn’t living up to his or her end of the deal, our law firm can make sure child support is fair and that the other parent pays.
Child support lawyer Denise Erlich can help ensure your children’s financial needs are met. Call (630) 538-5331.
Determining Child Support in Illinois
Determining child support in Illinois is not as easy as tallying up and spitting expenses between the parents. The courts use the income shares model to make sure support is divided equitably, but not always equally. Chicago area child support lawyer Denise Erlich will help you understand how child support obligations are calculated and work to ensure your kids have the financial resources they need to thrive.
What Is the Income Shares Model?
In Illinois, both parents generally bear a financial obligation in caring for and raising your child. The courts will consider both your incomes in determining child support awards. With the income shares model, your net incomes will be combined and compared to a schedule that outlines how much a household with your combined net income would contribute financially to raising a child. The amount is adjusted if multiple children are involved.
The courts will then assign you and the other parent a percentage of the obligation based on your parenting time, your individual income, and other factors. Both parents will not pay, however. Rather, the court will typically hold that the parent with the majority of parenting time is already spending that amount on the child. In most cases, the other parent will be ordered to make monthly payments. If the parents share equal parenting time, the parent with the higher income may be ordered to pay.
Do You Need Help Enforcing Child Support Orders?
Parents who fail to pay child support in DuPage County may face enforcement actions by the state. Our law firm can help you file a petition to enforce child support orders when the other parent is non-compliant. Some actions the state may take include:
Collections
Under some circumstances, the state uses contractual agreements with private collection agencies to bring child support arrears current.
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Child support lawyer Denise Erlich can help ensure your children’s financial needs are met. Call (630) 538-5331 today.
Funds Intercepts
Illinois state law gives the Department of Healthcare and Family Services authority to intercept certain funds of parents with child support delinquencies. This includes funds from state and federal tax refunds.
License Suspensions
To encourage parents to stay current on their child support obligations, HFS may request the suspension of a delinquent parent’s driver’s license, U.S. passport, or professional or recreational licenses.
Child Support Modifications in Illinois
If your income, the income of the other parent, or the needs of your child substantially change, child support lawyer Denise Erlich can help you file a motion to modify child support orders.
Modifications in Illinois can address payment amounts as well as their duration. A parent is entitled to receive child support until the child turns 18 or completes high school, whichever date is later, or until the child turns 19 if still attending high school.
How Does Emancipation of a Minor Impact Child Support?
Why Choose Erlich Law for Your Child Support Matter?
Attorney Denise Erlich leads Erlich Law Office in navigating the full range of child support issues in Illinois, including in DuPage, Cook, Will and surrounding counties. Her personal insight as a mother of two adds meaningful perspective to your case.
If you are concerned about:
- accurately calculating support under the Illinois income-shares model;
- handling changes in your income or the other parent’s income;
- enforcing a support order when the paying parent falls behind;
- making a motion to modify support due to changed circumstances;
then our firm offers tailored guidance, timely communication, and practical solutions, helping you to avoid mistakes people often make in DuPage County child support cases.
What Makes Illinois Child Support Different?
In Illinois, child support isn’t simply a flat monthly payment. The court uses the “income shares” model, which means both parents’ net incomes are combined, applied to state tables, and then adjusted based on parenting time and other factors.
Additionally:
- A parent may still owe support even if currently unemployed or under-employed. The court considers potential income.
- Support obligations generally continue until the child turns 18, or if still in high school, until age 19.
- If circumstances change significantly (for instance, a job loss, substantial increase in parenting time, or extraordinary medical needs for the child) the support order may be modified upon motion.
- Enforcement tools available to the state include collections, intercepting tax refunds, and even suspending driver’s or professional licenses for non-paying parents.
How We Approach Your Case
Our approach is collaborative yet firm. We take time to explain the numbers and legal rules in everyday language, so you know what to expect. At the same time, when child support enforcement is required, we are prepared to hold non-compliant parents accountable.
If you call our office, we’ll begin with a full review of your current order (or situation), clarify whether a modification may apply, and map out next steps tailored to your goal, whether that is securing current support, making a change, or enforcing compliance.
Your children’s financial stability is our priority, not just today, but for years to come.
DuPage County Child Support Attorney Denise Erlich Helps Parents Achieve Sustainable Solutions
With more than 23 years of experience in family law, child support attorney Denise Erlich helps parents in Cook County, Will County, DuPage County, and the surrounding counties ensure their children’s financial needs are met.
Our law firm can help with:
Denise was everything that we were looking for in a lawyer. She was open and honest with us about how she believed the case would go and helped us work through an uphill custody battle. She was both professional and personable. She answered all of our questions, provided solid counsel, and was very timely with getting back to us. We have used her for several occasions and are extremely satisfied with her work and commitment to helping our family. If you are looking for representation, I would wholeheartedly recommend her and her team for your needs.
FAQs About Child Support in Illinois
Do Illinois child support orders address medical coverage?
Illinois child support orders may include medical coverage requirements. When establishing or modifying support, the court can require one or both parents to maintain health insurance for the child if reasonably available at a reasonable cost. If private insurance is not accessible, the court may order enrollment in a public plan or allocate unreimbursed medical expenses between the parents.
What if I want to modify my child support order?
You can request a modification if there has been a substantial change in circumstances. Common examples include major shifts in income, a change in parenting time, or new medical or educational needs for the child. The court must review updated financial information to determine whether the existing order should be adjusted.
Can I change a child support order from several years ago?
Yes. Even if your order is several years old, you can seek a change if you can demonstrate a substantial change in circumstances since the last order. Retroactive changes are limited, so it is important to file a petition promptly once your situation changes.
What happens if the other parent moves out of state?
Interstate laws allow Illinois to enforce or modify existing orders even when a parent relocates. Child support agencies in different states cooperate to collect payments, intercept tax refunds, and enforce delinquent obligations.
Are child support payments taxable?
No. Child support payments are not taxable income to the parent receiving them, and they are not tax-deductible for the parent paying them. Because they are purely for the child’s benefit, they are treated differently from spousal support.
What if the paying parent becomes unemployed or disabled?
Support usually continues unless a parent asks the court to modify the order. If a parent becomes unemployed or disabled, the court may review income, benefits, and earning capacity. Sometimes the court imputes income if it finds the parent is voluntarily unemployed or under-employed.
How does job loss affect child support?
A job loss alone does not automatically change the amount owed. You must file a petition to modify support, and the court will examine current income, unemployment benefits, and employment prospects to determine whether a change is appropriate.
Can child support cover college expenses?
separate contributions for a child’s post-secondary education. These contributions are based on each parent’s financial situation and what is considered reasonable for the child.
What if the other parent refuses to pay child support?
Courts can enforce support using wage garnishment, tax refund interception, liens, license suspensions, and other remedies. If a parent falls behind, you may file a petition for enforcement to collect past-due support.
How often can child support be reviewed?
You can request a review when there is a substantial change in circumstances. In addition, Illinois child support services may conduct periodic reviews, especially if public benefits are involved.
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