Law Offices of Robert M. Kaplan, P.C.
Schaumburg Family Law Attorney

Frequently Asked Questions (FAQs): Child Support

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When choosing a family law attorney, you probably have a number of questions. Some of our most common questions are found here. If you do no see yours listed, please contact our office directly. We are happy to help!

Child Support

If you had a child out of wedlock and the father is not contributing to the expenses of your child, you may be eligible for child support and other expenses (such as medical costs, child care, and extracurricular activities) from the parentage or paternity court. You have to file a petition for him to do so, and once that petition is filed you have preserved the issue as of the date of filing. The same is true for fathers raising their children without help from the mother.

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Do you have more questions on child support? Please contact our Schaumburg IL law firm for a consultation today. 

Because of the complexity of the legal system and the necessity to follow the proper steps in order to receive the money owed to you, seeking legal counsel is a good idea. Illinois attorney, Robert M. Kaplan PC is experienced in all aspects of family law and will guide you through the process of receiving the child support due to you.

Caring for children can be costly and often the custodial parent relies on child support payments to make ends meet. When a parent does not pay, it can create a financial hardship for you and your child. Fortunately, if you have a court agreement, you will likely have legal recourse to receive the money owed to you.

Collecting Child Support in Illinois

If you have a court-ordered child support agreement and the child’s non-custodial parent has failed to pay for child support, the courts may be able to help you receive your eligible back child support as well as future payments.

Often, unless both parties agreed otherwise, child support is taken directly from the parent’s paycheck. If you both have agreed not to have it taken directly from the paycheck, you may still have legal recourse. 

A court-ordered child support agreement entitles you to receive child support as long as:

  • The non-custodial parent has a steady job and paycheck
  • The judge has entered a child support order

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If payments are not made, the judge may file to garnish their wages in order to reclaim delinquent child support money. To do so, filing a “Notice to Withhold Income for Support” will be necessary. If the non-custodial parent intentionally violates the court order, they may be found in contempt of court and potentially face jail time. If you have more questions on child support, please contact the Law Offices of Robert M. Kaplan for a consultation. 

Hopefully, your divorce decree sets forth an obligation to contribute to your child’s college education. However, in the event it doesn’t the Illinois courts can make a divorced parent contribute toward their child’s college expenses. If you have not been divorced yet or if your divorce decree does not require a contribution to your child’s college education, then you must file a petition with the Court. Once that petition is filed, you have preserved the issue as of the date of filing, and you will exchange financial information with the other parent to determine whether a contribution is likely to be ordered.

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Do you have more questions about college expenses in relation to child support? Please contact our Schaumburg IL law firm for a consultation. 

When you or your ex-spouse’s income fluctuates, i.e. a salesman with a base salary plus commission, you will often hear that a “true-up” is necessary at the end of each quarter or year. If there has been an over or underpayment, you “true-up” at that time. As part of the process, all income information is exchanged, and the accurate child support (or maintenance) sum is determined. Documents involved usually include W-2s, 1099s, K-1s, tax returns, and bank statements; both personal and business records.

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Do you have more questions on child support in Cook County? Please contact the family law firm of Robert M. Kaplan for a consultation. 

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