Child Support

If you have questions about how your state's laws may address the issues in your marriage or family, contact our firm to schedule a consultation with an experienced family law attorney.

Important Information about Family Law Proceedings

Provided by Attorney Phillip M. Kirby

If you are contemplating filing for divorce or are already a party to a divorce proceeding, you may have many questions about the law, the process, or your rights in a family law matter. The information below is designed to address your basic concerns, so that you can more effectively hire and work with a lawyer.

At the Kirby Law Office, in Springfield and Mason City, Illinois, we provide over 26 years of experience to men and women throughout central Illinois who are involved in a family law dispute. We know that family law matters can be emotionally challenging and take the time necessary to listen carefully to your concerns and help you accomplish your goals. We prefer to work with clients on an individual basis; you will always work directly with attorney Kirby when you retain us to handle your family law matter.

To learn more about our family law practice, see our page on divorce, custody and support. To set up an appointment, contact our office or call us at 217-726-9875.

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Illinois divorce lawyer with over 26 years of experience. At the Kirby Law Office, we handle a broad range of divorce and family law issues, from custody, visitation and child support to alimony and property division. We emphasize personal service, making certain that all your concerns are directly handled by an attorney. Contact our office online or call us at 217-726-9875 to schedule an appointment.

For experienced representation in divorce and family law matters, contact the Kirby Law Office, in Springfield or Mason City, Illinois. We work with clients at all stages of a divorce or family law matter, from the initial filing through requests for modification or enforcement of existing divorce decrees. We handle all matters related to or arising out of divorce, including child custody and visitation, child support, alimony or spousal support and property settlements.

There are millions of divorced parents who pay or receive child support. Federal legislation and uniform state laws exist to make enforcement and collection of child support easier for America's single parents. Because every state uses its own guidelines for establishing child support and each has various methods to set support amounts and recover support when it is overdue, it is often important to consult with a family law attorney who is familiar with the child support guidelines and child support enforcement laws in your state. If you have questions about the child support laws in your state, the rules for child support collection and enforcement that apply to your particular situation, or the process to establish paternity, contact a family law attorney at Kirby Law Office in Mason City, Illinois, to schedule a consultation.

Child Support Basics

In general, parents owe their children a legal duty of financial support until the child reaches the age of majority (usually 18 or 21 years old) or becomes self-supporting. When only one parent has primary custody of the child, the other parent's obligation for financial support is usually fulfilled through the payment of child support. Child support is owed whether the child lives with his or her other parent or a third party and whether or not the person with whom the child lives can afford to support the child on his or her own. Depending on the state, child support may be owed even if the parents share custody.

Each state has adopted its own set of guidelines for determining child support. While individual guidelines differ, most arrive at the amount of support owed through a consideration of the needs of the child and the income of the paying parent. Family courts use the guidelines to establish the amount of support required and presume the amount the guidelines indicate is correct unless persuasive evidence to the contrary exists.

Enforcement of Child Support Orders

The duty to pay child support generally starts with an order for support from a state family court. The order may be issued in a temporary or final divorce proceeding or, following establishment of paternity, after a request for support is received from an unmarried custodial parent.

Child support payments are often due at specific times each month and in many jurisdictions may be directly withheld from the paying parent's wages. In most states, the paying parent may be able to make his or her payments to a child support registry that will forward the payments to the custodial parent and keep track of payments that are made.

When child support is owed but not paid, a variety of measures exist to collect past due amounts and protect against future non-payments. To ensure payment of child support, many states have laws that allow a family court judge to suspend professional or business licenses, to take away driver and recreational licenses, to require pre-payment of future child support, or to order incarceration for the failure to make court ordered child support payments.

All states have also created offices of child support enforcement. These federally supported state agencies help locate responsible parents and create and enforce child support orders. There are also federal laws that criminalize non-payment of child support when the paying parent lives in a different state.

Modification of Child Support Orders

Both the parent receiving child support and the parent paying child support may request changes in child support orders. Some states require regular review of existing child support orders while others review child support orders only upon request. Parents receiving support may have the amount increased upon a showing that the paying parent's income has increased, especially if the current amount of ordered support does not meet the child's needs. Support may also be increased because of a child's specific needs for things like tutoring, medical treatment, or therapy.

Paying parents may be able to decrease the amount of future support payments if they face the loss of a job, a reduction in income or when the custodial parent's income increases. Federal law prohibits states from forgiving past due child support payments. Courts are reluctant to reduce child support awards and paying parents may have an earning capacity imputed to them whether or not their actual earnings reflect that amount.

Conclusion

A family law attorney at Kirby Law Office in Mason City, Illinois, can help you to obtain a child support order, enforce a child support order, or request a child support order modification. Contact us today to schedule a consultation.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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