My Ex-Spouse Makes More Money Than Me. Why Do I Have to Pay Him or Her Child Support?
DuPage County Attorneys Explain Child Support After Divorce
Child support is one of the most emotionally involved topics covered during the divorce process. Under Illinois law, children have the right to be supported by both parents. Child support refers to the amount of money that the court orders one parent to pay another. If you are filing for a divorce, our team of experienced family law attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC can help you navigate the child support laws.
Do You Still Owe Child Support if Your Ex-Spouse Earns More Money?
The child support laws in Illinois underwent major changes in 2017. In the past, child support was calculated by examining the non-custodial parent's income and the number of dependents. Now, the judges in family court use more advanced formulas to calculate child support. The newest laws factor in multiple variables, including:
- The income of both parents;
- Financial needs of both parents;
- The number of children;
- Each parent's parenting time and parental responsibilities, including the number of overnights;
- Financial requirements of the child;
- The educational needs (e.g., tuition) of the child;
- The standard of living the child received while the parents were married.
Because of the changes to the law, it is possible that you could owe child support even if your ex-spouse earns more money. For instance, if your ex-spouse is the custodial parent of multiple children with extensive financial needs, you may still owe child support, especially if your ex-spouse has been designated as the parent with the majority of parenting time. Child support funds may be used for general living expenses, including food and shelter. Even if your ex-spouse is the higher earner, you may be required to make child support payments.
Your trusted attorney can guide you through this process and assist you with your support case. In complex cases or cases of self-employed parents, forensic accounting may be useful when determining fair child support payments. Forensic accounting refers to the in-depth analysis of accounting records, taxes, business receipts, and more to determine the true income of one or both parents.
Contact Our DuPage County Child Support Lawyers
If you believe you are entitled to an increase or reduction in child support payments or have concerns about how your child support is calculated, contact an attorney. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we work hard to craft the best parenting plan and help you understand the newest laws. Our firm has decades of combined experience in divorce and family law.
Contact our Wheaton, IL office at 630-665-7300 to schedule a free consultation today. We represent clients throughout the western suburbs of Chicago, Illinois, including Wheaton, Naperville, Oak Brook, and DuPage, Kane, and Kendall Counties.