The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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child support, DuPage County family law attorneyEarlier this year, a Cook County judge ordered a Herscher car dealership to pay $2.3 million in fines for failing to withhold child support payments from the paychecks of a former employee. The decision was the largest child-support related ruling in the history of Illinois, but it seems that the dealership will only be held responsible for part of the original fine.

The Daily Journal in Kankakee reports that dealership and the woman who filed the original complaint have reached an agreement to close the matter for good. The details of the settlement, including the final amount to be paid, have not been released, but both sides say they are satisfied with the outcome.

Unprecedented Fine

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child support, order modification, Illinois Family Law AttorneyWhen you are subject to a court order regarding child support, it is obviously very important to meet your required obligations. Your child deserves, at the very least, financial support from both parents, and your payments are intended to help provide him or her with basic necessities including a home, food, and clothing. As time goes on, however, the life situations change. Some changes may be dramatic, such as the loss of a job or serious illness, while others are more gradual, including a rising cost of living and the child’s evolving needs. For this reason, the law in Illinois permits the modification of child support orders to adapt to changing situations.

Significant Change in Circumstances

The most obvious basis for a child support order modification is a drastic change in the life of either parent or the child. A sudden loss of income can make it extremely difficult for you to continue making your required payments. Similarly, if your child is diagnosed with a serious medical condition, his or her financial needs may change significantly in a very short period of time. In such cases, either parent may petition the court for an order modification, while showing the significant change in circumstances and the need for reconsideration.

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child support, order modification, Illinois family law attorneProperly raising a child requires years of hard work on the part of parents. Children require time, attention, and love from their parents as they grow and learn about the world around them. In addition, raising a child requires quantifiable resources as well, as any parent subject to a child support order clearly understands. However, just as a child’s needs for care and attention may change over time, his or her financial requirements may also evolve. Likewise, a parent’s ability to provide financial support may change. Such situations may require a child support order modification to ensure that the needs and abilities of all involved parties continue to be appropriately considered.

Child Support Basics

Under Illinois law, a child support order is generally calculated based on the net income of the parent required to pay support. The calculation may be affected by circumstantial factors regarding the child, each parent, and the needs and resources of everyone involved. Considerations for medical care, educations expenses, and other shared costs may also be made, and once entered, the order becomes fully enforceable by law.

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child support, support order, DuPage County Family LawyerAn action or an order for child support is not often a surprise to a divorced or unmarried parent. Most parents understand the child’s need for financial support and the expectation that both parents should contribute toward it. What many parents do not understand, however, is the method under which child support obligations are calculated in Illinois, which can lead to surprise and disbelief regarding the amount of the order depending on the situation.

Percentage of Obligor Income

Illinois law, currently, operates under what many consider to be relatively outdated formula of calculating child support. Called the “percentage of obligor income” model, the current system computes a support obligation based on the income of the supporting parent and the number of children to be supported. Other factors may be considered, but the resources and income of the custodial parent or the child are not quantitatively factored into the calculation. Similarly, shared custody and parenting time do not directly impact the court’s decision.

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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