Child support is always an issue when dealing with a family law case involving children and child custody. Typically, the parent who is granted the designation of primary residential custodian does not pay child support, but receives child support from the non-residential custodian. The residential custodian is commonly defined as the parent who's residence is used for the purposes of public school district education. Regardless of whether you are paying or receiving child support make sure you have an attorney to fight for your rights. These orders are modifiable and Attorney Travis Strobach has the knowledge and experience to make sure your child support order is done right the first time, or he can modify it if required.
Both Illinois and Missouri allow for modifications of child support under what is called a substantial change in circumstances. These circumstances include, but are not limited to increased or lost wages, unemployment, disability and incarceration. If a person gets too far behind in child support it is called an arrearage. If an arrearage gets too high Missouri can file both misdemeanor or felony charges against a person who is not paying child support. Additionally, Missouri and Illinois can and will suspend a person's drivers, hunting, and fishing license or sentence them to jail through a process called civil contempt. Therefore, it is incredibly important to have an attorney on your side that will fight for your rights. Call Travis Strobach today for your free consultation (314) 651-9360
Child support calculations in Missouri and Illinois involve financial affidavits from both parents, child care costs, residency considerations, health insurance for the child(ren), the amount of overnight stays the paying parent has with the child(ren) and if the paying parent has child support obligations for other children.
One of the biggest considerations is the financial affidavit. This includes both parents monthly gross and net income, their last 3 years of tax returns, all anticipated living expenses including rent, mortgage, vehicles, loans, credit card debit, health insurance premiums and costs, personal expenses, child care costs if necessary and charitable contributions.
Child support orders always look at the best interest of the child(ren), not the parent paying or the parent receiving the support. The money paid in child support is to go to the children's needs and not the receiving parents needs. Child Support is different between Missouri and Illinois. It is typically paid by the parent who is not the primary custodian of the child(ren). In Missouri the child support number is determined by what is called a form 14. This calculation is made after looking at several factors, including both parents net income, who is paying for the children's medical, vision and dental insurance, child care costs, the amount of overnight stays the not custodial parent has with the children, amongst others factors. Illinois allows for a more definitive child support schedule. In Illinois, for 1 child support is 20% of the net income of the paying parent. For 2 children it is 28% and goes up to 50% of the parent's net income for up to 6 children or more. However, both states allow for adjustments either above or below the designated child support amount depending on the paying and custodial parent's circumstances.