Peoria Child Support Attorneys: Calculate, Modify & Enforce Orders
Ensuring your children have the financial support they need is one of the most important parts of family law. Whether you are going through a divorce, establishing paternity, or need to update an old agreement, the process can feel overwhelming. You want to make sure the outcome is fair and that your children are protected.
At Sullivan’s Law, we help parents in Peoria navigate the complex Illinois child support system. We understand that every family’s financial situation is unique. Our goal is to help you reach an accurate calculation and a stable arrangement so you can focus on being a parent.
Child Support Calculation in Illinois
Many parents wonder exactly how the court decides on a dollar amount. In the past, Illinois used a simple percentage of the non-custodial parent’s income. However, the law has changed. Illinois now uses the Income Shares Model.
This model operates on the idea that a child should receive the same proportion of parental income that they would have received if the parents lived together. The court looks at the combined Net Income Calculation of both parents to determine the total support obligation.
Factors That Influence Support Amounts
While income is the main factor, it is not the only one. To get an accurate number, we must look at specific expenses involved in raising your child. Common factors that affect the final amount include:
Daycare Expenses:
Health Insurance Premiums:
Parenting Time:
Other Support Obligations:
When to Establish Child Support
You may need to establish a child support order in several different situations. Most commonly, this happens during a divorce. However, you also need a formal order if you are unmarried and have separated, or after paternity has been legally established.
It is risky to rely on informal “handshake” agreements. Without a court order, the Illinois Department of Healthcare and Family Services cannot help you collect payment if the other parent stops paying. A legal order provides security for you and your child.
Modifying an Existing Order
Life changes, and your child support order may need to change with it. In Peoria, you cannot simply stop paying or demand more money because your situation has shifted. You must file for a Child Support Modification with the court.
To qualify for a modification, you usually need to prove a “substantial change in circumstances.” Common reasons to request a change include:
- A significant increase or decrease in either parent’s income (such as a job loss or a promotion).
- A change in the needs of the child, such as new medical expenses or educational costs.
- A major change in parenting time or custody arrangements.
- One of the children turning 18 or graduating from high school (emancipation).
Enforcement and Arrears
It is incredibly stressful when a parent fails to pay court-ordered support. If you are not receiving the payments you are owed, you have legal options. Non-Custodial Parent Obligations are taken very seriously by the courts.
We can help you file a petition to enforce the order. This can lead to wage garnishment, tax refund interception, or the suspension of driver’s licenses. In severe cases of non-payment, we may file a Contempt of Court Motion. If a parent has the ability to pay but refuses to do so, they can face serious penalties, including jail time.
If a parent owes back pay, this is called Child Support Arrears. Even if the children are now adults, arrears generally do not go away until they are paid in full.
Sullivan Shick
Peoria County Specific Processes
Family law cases in our area are handled through the Peoria County Circuit Court. While state laws apply everywhere in Illinois, local procedures can vary. Knowing which forms to file, where to file them, and how local judges interpret the guidelines is essential.
We are familiar with the local court system and the specific requirements for financial affidavits in Peoria County. This local experience helps prevent delays in your case caused by paperwork errors or procedural mistakes.
Common Challenges and Disputes
Child support is not always straightforward. Disputes often arise when one parent tries to manipulate the numbers. We assist clients with complex challenges, such as:
- Hidden Assets: When a parent tries to hide income to pay less support.
- Voluntary Unemployment: When a parent quits a job or works fewer hours on purpose to lower their payments.
- Self-Employment Income: Calculating “net income” can be difficult when a parent owns a business and writes off many personal expenses.
Benefits of Hiring a Local Lawyer
While there are online calculators and an Illinois Child Support Estimator Tool available, these only give you a rough estimate. They cannot account for the nuances of the law or argue on your behalf if the other parent is being dishonest about their finances.
Hiring a lawyer ensures that the calculation is done correctly the first time. We advocate for your financial rights and the best interests of your child, handling the negotiations and court appearances so you don’t have to face the stress alone.
Frequently Asked Questions
Illinois uses the Income Shares Model. This formula combines the net income of both parents and determines the total amount needed to care for the child. That amount is then divided between the parents based on their percentage of the combined income and the number of overnights the child spends with each parent.
The main factors are both parents' net incomes and the number of overnights the child spends with each parent. Other costs like health insurance premiums, daycare costs, and support paid for other children also influence the final amount.
You can request a modification if there has been a substantial change in circumstances since the last order. This could be a job loss, a significant raise, a change in health insurance costs, or a shift in custody arrangements. You can also review the order every three years.
If a parent fails to pay, the court can enforce the order. Remedies include wage garnishment, seizing tax refunds, suspending driving privileges, and finding the non-paying parent in contempt of court, which can result in jail time.
The cost varies based on the complexity of the case. A simple calculation case costs less than a complex enforcement case involving hidden assets. At Sullivan’s Law, we discuss our fee structure transparently during your initial consultation.
During a divorce, both parents must submit a financial affidavit detailing their income and expenses. We use this data to run the guideline calculations. If the parents agree on the amount, it is written into the divorce decree. If they disagree, a judge will review the evidence and issue an order.
Yes. If a parent willfully refuses to pay despite having the ability to do so, a judge can find them in contempt of court. This is a serious enforcement tool used to compel payment.
You generally need to be a parent or legal guardian involved in a dispute regarding financial support for a child. You do not need to have a specific income level to seek legal representation.
The timeline depends on whether the parents agree. If both parties agree on the income and calculation, it can be resolved quickly. If there are disputes over income or custody, or if one parent is hiding assets, the process can take several months.
Parents can use mediation or negotiation through their attorneys to reach an agreement outside of court. Once an agreement is reached, it must still be approved by a judge to become an enforceable order.
Get Help With Your Child Support Case
Whether you are the parent paying support or the parent receiving it, you deserve a fair arrangement that follows the law. At Sullivan’s Law, we are dedicated to protecting your financial future and the well-being of your children. Contact us today to discuss your situation and ensure your child support order is accurate and fair.
CONTACT US
(480) 284-2644
(623) 915-0944
External Resources
- Illinois Department of Healthcare and Family Services – Child Support Services
- Peoria County Circuit Clerk – Family Law Information
- Illinois General Assembly – Illinois Marriage and Dissolution of Marriage Act
- Illinois Courts – Family Law Resources and Forms
- U.S. Department of Justice – Child Support Enforcement