Child Custody/Parenting Time

New Child Support Law effective in Illinois July 1, 2017: Courts will now adopt an "income shares" model which is based on the combined adjusted net income of both parents, total time spent with the child and financial obligations to additional children.

Whether you are married to the mother of your child or not the standard the court uses to determine who should have custody of the child/children of the parties is determined by what is in the best interests of the child.

Divorce is a very traumatic time for a child and the courts will do everything in their power to make this transition as smooth as possible.

It is common, if custody is at dispute, to require both parties to attend parenting classes, custody mediation and appoint an attorney to represent the rights of the child. Payment for the fees of the attorney for the children is determined by the Judge on the basis of each party’s ability to pay.

The Judge will make a determination based on many factors including who has been the primary care provider, the opinion of the attorney for the children and sometimes the opinion of the children themselves.

In the case of an uncontested Divorce the parties may opt for Joint Custody which includes the advantage of joint decision making power. In all cases of Joint Custody the parties must be able to set their personal issues aside to work together for the good of the children.

If the parties are considering Joint Physical Custody of the children they must understand that the Judge may not agree unless the parties live close enough to each other not to seriously interrupt the child’s schooling and friendships.

The fees for our services in these matters are based on our low hourly rate with an initial retainer of $1,500.00. We at the Law Firm of Barry Lowe are able to draw from our prior experience and knowledge to protect your and your child’s best interests throughout the duration of your case.

CHILD SUPPORT

The State of Illinois child support statute states that the duty of support owed to a child includes the obligation to provide for the reasonable and necessary physical, mental and emotional health needs of the child. The term “child” shall include any child under the age 18 and any child under age 19 who is still attending high school.

(1) The Court shall determine the minimum amount of support by using the following guidelines:

Number of Children Percent of Supporting Party’s Net Income
1 20%
2 28%
3 32%
4 40%
5 45%
6 or more 50%

(2) The above guidelines shall be applied in each case unless the court makes a finding that application of the guidelines would be inappropriate, after considering the best interests of the child in light of evidence including but not limited to one or more of the following relevant factors:

  • (a) the financial resources and needs of the child;
  • (b) the financial resources and needs of the custodial parent;
  • (c) the standard of living the child would have enjoyed had the marriage not been dissolved;
  • (d) the physical and emotional condition of the child, and his educational needs; and
  • (e) the financial resources and needs of the non-custodial parent.

We at the Law Firm of Barry Lowe will use all of our experience and knowledge to make sure that the amount of child support ordered follows statutory guidelines and is the amount necessary and appropriate to your case.

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