Are You Struggling to Make Child Support Payments?

 Posted on December 00, 0000 in Child Support

If you are a parent who has been ordered to pay child support, you probably realize the importance of your obligation. Regardless of how you may feel about your child’s other parent, you know that your child is depending on your help in providing for his or her most basic needs. But what happens when situations in your own life get in the way of meeting your responsibilities? Technically, you are still required to make your ordered payments, but there are some things you can to help improve your situation.

Basic Child Support Requirements

Under Illinois law, an order for child support is typically based on two factors: the supporting parent’s net income and the number of children requiring support. Net income is defined as any and all income for all sources minus certain allowable deductions for taxes, union dues, insurance premiums and other specific expenses. Your obligation for child support will generally be set as a percentage of your income, beginning with 20 percent for one child, up to 50 percent for six or more children. On a case-by-case basis, a court may order you to pay a higher or lower amount upon consideration your family’s specific circumstances and needs.

Falling Behind

There are many reasons that you may begin to have trouble making your ordered support payments—some much more understandable than others. An unforeseen illness or auto accident, for example, may leave you unable to generate the income that you once did. Similarly, a layoff or termination from your job may have similar repercussions, though why you were terminated may matter a great deal.

It is extremely important to continue doing everything you can to make your ordered payments, even if it means making personal sacrifices. Tighten your budget, pick up extra jobs where you can, and, in general, try to look for ways to restore your previous earning capacity. In the meantime, you can ask the court for relief, but be sure to keep making payments until such relief is granted.

Modifications

A court may be willing to modify your order for child support—if only temporarily—if you are able to show that you are doing everything you can to meet your obligations. Reckless financial decisions, employment termination for absenteeism or misconduct, and other irresponsible behavior will not help your case. Instead, if you can prove that you have experienced a substantial change in circumstances, but are making good faith efforts to remain compliant, a child support modification is much more likely.

Let Us Help

When you are struggling to make child support payments, the expense of hiring a lawyer may seem to be unreasonable. In fact, the opposite is often true, as a mistake during the process can leave you responsible for back payments of child support or even fines and sanctions for noncompliance.  Contact an experienced Aurora family law attorney today to schedule a confidential consultation today. We will help you understand your options and work with you in seeking the relief that you need and deserve.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=0&SeqStart=6100000&SeqEnd=8350000