Know Your Rights Regarding Child and Spousal Support

At The Law Offices of Van A. Schwab in Illinois, we empathize with clients who face the emotional and legal challenges of divorce, paternity, and child custody disputes. We also recognize that many of these family law matters come with financial ramifications. For instance, a paternity determination often comes with a child support order. Likewise, divorce often comes with a spousal support order.

Diligently Protecting Your Financial Interests

With more than 40 years of experience, attorney Van A. Schwab knows what it takes to diligently uphold your financial interests throughout the legal process. He and our entire legal team can assist you with:

  • Spousal support: Commonly called alimony, these payments are intended to help the lesser-earning spouse maintain a reasonable standard of living after the divorce. In most cases, the goal is to help the lesser-earning spouse become self-sufficient.

  • Child support: Being required to pay child support is not a punishment. These payments are intended to help cover the cost of your child’s housing, food, clothes, education (including college tuition in some cases), and other expenses.

  • Modifying child support: If your circumstances change significantly, you may be able to change the original child support order. We can help you determine if you qualify.

  • Concerns for high-income clients: High net worth individuals often encounter unique considerations when it comes to support payments. We are well-equipped to address these concerns.

With his extensive experience, Mr. Schwab understands how the Illinois family law courts are likely to view child support or spousal support petition. He uses this knowledge to pursue the most favorable outcomes possible for his clients.

Child Support Is More than Just Plugging Numbers Into a Formula

Whether a marriage that involves children is breaking up or unmarried parents are involved in child custody or child support actions, a knowledgeable lawyer can smooth the way. The Law Offices of Van A. Schwab guides both mothers and fathers through the legal processes of determining, enforcing, and modifying child support.

Chicago child support attorney, Van A. Schwab, offers parents who are unmarried, separated, or divorced the benefits of years of experience, together with up-to-date training. To schedule a consultation, contact our law firm by calling. We represent clients in Skokie, the North Side of Chicago, and Libertyville.

How Child Support Is Determined: The Income Shares Model

Formulas enacted by the Illinois State Legislature largely spell out the amount of child support that each parent is expected to be responsible for when the mother and father are not married.

In an effort to ensure that child support is calculated fairly, Illinois revised its statute governing child support. Illinois now uses the Income Shares Model, which factors in the income of both parents and the number of overnights children spend with each parent, when determining child support for minors.

To establish an appropriate level of support, courts determine the net income available for each parent. The sum of net incomes represents the total income available for supporting the child. Each parent’s percentage of available income is determined using those numbers. The courts then apply this adjusted net income to a chart that takes into account the number of children in the household. This establishes the basic child support obligation. This number may then be adjusted further based on other costs.

Attorney Schwab can help identify and properly calculate both parents’ incomes and fight for fair child support awards on behalf of his client.

What Is Covered by Child Support?

Child support issues may include payment of health and dental insurance, daycare expenses, orthodontia, and private school tuition, among others.

It is important to note that extraordinary costs (summer camp, braces, tutoring, therapy, etc.) are not taken into account by state guidelines. These expenses may be assigned or divided through mediation, collaborative law, settlement negotiations, or litigation.

Did You Know? If your former spouse or parent of your child fails to pay child support, we can help you pursue an enforcement action. The family court is empowered to take serious measures to collect child support, including wage garnishment.

Who Pays for College After a Divorce?

Under Illinois law, a family court judge can award educational expenses to the children of divorced parents to cover the costs of college or other professional training. Covered educational expenses may include college tuition, room and board, and books. The state of Illinois has not established any firm guidelines regarding the payment of these educational expenses. This means the amount awarded is ultimately left to the discretion of the family court judge.

We Will Protect Your Interests and Those of Your Child

Regardless of the method used to create or modify child support orders, Illinois child support attorney Van A. Schwab is prepared to protect parents’ rights to pay or receive proper amounts of child support. Contact our law firm.