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Child Support

Chicago Child Support Lawyers

If you are divorcing and have children with your spouse, or if you were never married but have a child with your partner, the Court will require that a child support order be entered to ensure that a child receives adequate support until he or she becomes emancipated. In 2017, the Illinois legislature dramatically revised the child support statute. Prior to 2017, child support was calculated as a percentage of the parent responsible for paying child support. The new child support statute bases child support on what is known as an “income sharing” model, which takes several factors into consideration; most notably, the income of both parents as well as the number of overnights exercised by each parent with the children. Depending on the facts of your case, there is a possibility that a deviation (up or down) from statutory guidelines may be appropriate. The attorneys at Hammer Serna & Quinn can guide you through the new child support law and ensure that the proper amount of child support is received in your case.

Who We Help

Every family’s situation is a little different. Whether you need to modify an existing order or create your first child support order, our team is ready to help. Here are some common situations we assist with:

  • You are divorcing or separating and want to understand what child support is, who may pay it, what it is meant to cover, and how it fits into your divorce or family court order.
  • You need help with college expenses. When it comes to college expenses, the Court may order one or both parents to contribute to the post-secondary (college or trade school) educational expenses of their children. You need to understand what’s happening and what your options are.
  • Your pay changes from month to month. Overtime, shift work, reduced hours, or a second job can make one paycheck look different from the next. Support should reflect a realistic picture of income, not one unusual check.
  • Your income is harder to pin down. If you earn bonuses, commissions, business income, contract income, or 1099 income, the support amount may depend on records, deductions, and your true earnings. We help present an accurate picture.
  • You need help dividing extra costs. Daycare, health insurance, uncovered medical bills, school expenses, activities, and other child-related costs all need a fair split. We help work out who pays what.

If your situation is not listed here, reach out anyway. We are happy to talk it through.

How the Child Support Process Works in Illinois

Illinois uses an “income shares” model. In plain terms, the state looks at what both parents earn and estimates what they would have spent on the children if the family lived under one roof. That amount is then shared between the parents based on their incomes. Here is a simple look at the basic steps:

  1. Figure out each parent’s income. The court starts with the net income of both parents. This includes wages, and it can also include bonuses, commissions, and self-employment earnings.
  2. Combine the incomes. The two net incomes are added together to find the family’s combined income.
  3. Apply the state guidelines. Illinois uses a schedule that estimates the basic support amount for that combined income and the number of children.
  4. Split the share. Each parent is responsible for a portion of that amount, based on how much of the combined income they bring in.
  5. Adjust for parenting time. When both parents care for the children a significant amount of the time, the calculation can shift to reflect that shared arrangement.
  6. Add child-related costs. Health insurance, child care, and certain medical or school expenses may be added on top of the base amount and divided between the parents.

The math sounds tidy on paper, yet real life rarely fits neatly into a formula. Uneven paychecks, side income, and disagreements over expenses can all complicate the result. This is why having an attorney is essential.

Why Choose Us

When you need an attorney to help you with your child support case, it’s important to choose a team you can trust. Our team at Hammer Serna & Quinn, LLC, will guide you through every step of the process. Here’s why people choose us:

  • We know Chicago family courts. We work in these courtrooms often and understand how local judges approach support matters.
  • We thrive on accuracy. For clients with self-employment income, bonuses, or 1099 work, we take the time to build an accurate income picture instead of accepting a rough guess.
  • We are strong at both the table and the bench. We aim for a fair agreement whenever possible, and we are prepared to litigate when the other side will not budge.
  • We keep you in the loop. You will not be left wondering what is happening with your case. We answer questions and explain each step in language that makes sense.
  • We treat you with care. Your children and your peace of mind matter to us, and our advice reflects that.

No matter your needs, our team will listen to you and help you determine the best next steps. We’re ready to help.

Talk With a Chicago Child Support Attorney

Your children deserve steady support, and you deserve a fair process to get there. Whether you have questions or you are deep in a dispute, we are here to help you understand your rights and stand up for them. Contact Hammer Serna & Quinn, LLC today to set up a consultation. We will listen to you and help you decide what to do next.

FAQs About Child Support in Illinois

How is child support calculated in Illinois?

Illinois uses an income shares model. The court looks at both parents’ net incomes, combines them, and uses a state schedule to estimate the basic support amount for your number of children. Each parent then pays a share based on their portion of the combined income, with adjustments for parenting time and certain expenses.

Who pays child support?

Usually, the parent who has the children fewer overnights pays support to the other parent. When parenting time is more balanced, the calculation can change, and the higher earner may still owe support.

What does child support cover?

Support helps pay for a child’s basic needs, such as housing, food, and clothing. Costs like health insurance, child care, uncovered medical bills, and school or activity expenses may be handled separately and split between the parents.

What if my income changes often?

If your pay shifts because of overtime, seasonal work, reduced hours, or a second job, we work to present a realistic view of your earnings. Support should reflect your true income over time, not a single unusual paycheck.

I am self-employed. How is my income counted?

Self-employment, commission, bonus, and 1099 income can be harder to calculate. The court looks at records, deductions, and actual earnings. We help gather and present this information so the number is fair and accurate.

Can a child support order be changed later?

Yes. If there is a change in circumstances, such as a job loss, a raise, or a shift in parenting time, you can ask the court to modify the order. We can guide you through that request.

Get In Touch

Call or email Hammer Serna & Quinn, LLC today to schedule a consultation.