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Wheaton family law attorneysThere are two instances when child support is awarded to parents in Illinois: when parents get divorced or when unmarried parents have a child together. If you are an unmarried parent or soon will be, you may be wondering how you can receive support payments from your child’s other parent. If the child’s biological father has not been officially named the legal father of the child, you will have to establish parentage through the court before requesting child support.

How to Establish Paternity in Illinois

When a married couple has a baby, Illinois law assumes that the husband of the woman who gave birth to the child is the father. However, when an unmarried woman gives birth, there is no assumption of paternity. Parentage can be established through one of several ways. If neither party doubts the paternity of the child, the two parents can sign a Voluntary Acknowledgement of Paternity (VAP). This document allows the father to be named on the birth certificate but does not address issues of child support, parenting time, or allocation of parental responsibilities. Another method for establishing parentage is for either parent to file a Petition to Establish Parentage through the county court and participate in the subsequent proceedings. Lastly, parents may seek an Administrative Paternity Order to be established and entered by Healthcare and Family Services’ Child Support Services.

How Will Child Support Amounts Be Decided?

Once legal parentage is established, child support matters can be decided. Since July 1, 2017, Illinois courts have made child support decisions based on an "income shares" model. Under this model, each parent’s income in relation to the parents’ combined income is used to calculate a fair and reasonable child support amount. Factors such as healthcare, parenting time (visitation), and other elements may influence the final child support obligation, but the base child support obligation is mostly decided based on the combined net income of both parents. A parent who wishes to change a child support order must file a petition for modification of the child support order though the county court. Generally, only a major change in financial circumstances, employment, or disability will justify a modification to an established child support order.

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Wheaton child support attorney, Illinois child supportAny divorced parent has to be ready for the likelihood of paying child support. However, not many wonder exactly what child support is earmarked for under Illinois law. It may be to your advantage to ask—sometimes, if it can be proven that support is being misused, there may be consequences that can affect you, your ex-spouse, and your children.

Formulas and Requirements

Illinois changed its child support formula in 2013 and 2015, bringing it in line with more of the states in terms of the method of calculation. The guidelines now establish a rough minimum that can be ordered per child in Illinois family courts. However, it is important to remember that such numbers are minimums, not maximums. A host of different factors, such as each parent's current and future earning potential and any unique needs the child may have, are factored into a court's determination of the level of support required.

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From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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