Elgin Child Support Attorney

In an ideal world, child support would be easy to calculate and parents would never get behind on their payments. However, the real world is sometimes less than ideal. You may need a lawyer's help to ensure that child support is fairly determined and enforced.

At the Law Office of James P. Leahy in Elgin, Illinois, I offer a free initial consultation to answer your questions about child support, modifications and enforcement. I represent divorced parents as well as unmarried parents.

How Is Child Support Determined?

In Illinois, the amount of child support you are required to pay or are entitled to receive is determined by a formula that considers your parenting plan, the number of children supported and the incomes of both parents. Income includes income from all sources, including wages and investment earnings.

Determining income for people who work for themselves can be difficult. If your spouse hides income or is deliberately underemployed, I can hire experts such as forensic accountants to determine earnings.

When Can Child Support Be Modified?

Support payments can be modified if there is a change in the financial circumstances of either party. For example:

  • If the payer loses his or her job, child support can be reduced.
  • If the payer receives a pay increase, child support can be increased.
  • If a nonworking spouse starts working, child support can be recalculated.
  • If child custody changes, child support can be recalculated based on the new parenting plan.

If your income is reduced and you are no longer able to meet your child support obligation, it's important to file a petition to modify support as quickly as possible. You are still responsible for payments until the court order has been modified. Changes cannot be retroactive.

How Do I Enforce Child Support Payments?

As your attorney, I can file a show cause hearing to force your spouse to appear in court and explain why he or she is not paying child support. Your spouse can be held in contempt of court for failure to pay. If the nonpayment is willful, the court can award attorney fees.

Contact Illinois Child Support Modification Lawyer James P. Leahy

I offer a free initial consultation to new clients. To speak to an Elgin child support lawyer, contact me by e-mail or call my office at 847-348-8692 (toll free at 888-596-0289).