Experienced Illinois Child Support Lawyers
David Guy Stevens and Katherine Sharp and their staff of attorneys are skilled in the area of family law, having represented husbands, wives, fathers and mothers, not only helping them though the legal requirements of a divorce, but also aggressively fighting for important issues such as visitation, child support, property battles, and child custody.
While David Stevens was working in both the DuPage County and Kendall County State’s Attorney’s office he was able to help hundreds of custodial parents by using the law to compel the noncustodial parent to comply with their child support obligations. As a defense attorney I have also fought for and protected the rights of the noncustodial parent. The Law Offices of David Guy Stevens, LLC is committed to representing its clients no matter whether they are the custodial or the noncustodial parent of children.
In a proceeding for dissolution of marriage, legal separation, declaration of invalidity of marriage, or proceeding for child support, the court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable and necessary for support, without regard to marital misconduct. The duty of support owed to a minor child includes the obligation to provide for the reasonable and necessary physical, mental and emotional health needs of the child.
Number of Children Percent of Supporting Party’s Net Income
|Number of Children||Percent of Supporting Party’s Net Income|
|Six or more||50%|
Net income is defined as the total of all income from all sources, minus the following deductions:
- Federal income tax
- State income tax
- Social Security (FICA) payments
- Mandatory retirement contributions required by law or as a condition of employment
- Union dues
- Dependent and individual health/hospitalization insurance premiums
- Prior obligations of support or maintenance actually paid pursuant to a court order
- Expenditures for repayment of debts that represent reasonable and necessary expenses for the production of income, medical expenditures necessary to preserve life or health, reasonable expenditures for the benefit of the child and the other parent, exclusive of gifts
The court shall reduce net income in determining the minimum amount of support to be ordered only for the period that such payments are due and shall enter an order containing provisions for modification upon termination of such payment period.
We work with individuals and families who need strong and focused legal representation. Contact the Law Offices of David Guy Stevens, LLC to schedule your free initial consultation. Call at (630) 486-1080
Recent Case Law and News:
Child Support 2d Dist.
In re Marriage of Putzler,2013 IL App (2d) 120551 (February 11, 2013) Kendall Co. (JORGENSEN) Affirmed.
Court was within its discretion in modifying father’s monthly child support payments based on father’s increased income, and mother’s credible testimony that children’s expenses had increased. Court properly awarded attorney fees, to be paid to her attorney, which were related to mother’s pursuit of contempt petitions, even though mother worked as office manager for her attorney’s law firm and was not being charged attorney’s fees herself. (ZENOFF and SPENCE, concurring.)
Child Support 2d Dist.
Schultz v. Performance Lighting, Inc.,2013 IL App (2d) 120405 (February 5, 2013) Lake Co. (BIRKETT) Affirmed.
Court properly dismissed with prejudice wife’s complaint seeking to recover child support amounts that employer allegedly should have withheld from ex-husband’s pay per Section 35 of Income Withholding for Support Act. Omission of required information, ex-husband’s social security number, which was mandatory and subject to strict compliance, invalidated the notice of withholding. (ZENOFF and HUDSON, concurring.)
Child Support and Payor’s Fee
(McGuire, D-Joliet) removes current language providing that an income-withholding notice must include the date that withholding for current support terminates. This date is the date of termination of the current-support obligation set forth in the order for support. Just introduced.
Paternity 4th Dist.
In re: the Parentage of H.L.B, 2012 IL App (4th) 120437 (September 27, 2012) Edgar Co. (COOK) Affirmed.
Alleged father of child did not sign voluntary acknowledgment of paternity (VAP), but signed Agreed Order to be bound by results of genetic testing and failed to appear for testing, so that default administrative paternity order was entered. Section 7(b-5) of Parentage Act claim for nonpaternity should be narrowly construed, and can be brought only under marital presumptions, not where presumption of paternity arises out of VAP. Claim for nonpaternity must be filed within 2 years of knowledge of relevant facts, not knowledge of all facts. Default administrative order, and dismissal of his paternity petition, are res judicata bar to nonpaternity claim. (APPLETON and KNECHT, concurring.)
- In re Marriage of McGrath, 2012 IL 112792 (May 24, 2012) Cook Co. (THOMAS) Appellate court reversed; circuit court reversed.Money that an unemployed parent regularly withdraws from savings account may not be included in calculation of net income when setting child support under Section 505 of Illinois Marriage and Dissolution of Marriage Act. If court determines that application of child support guidelines generates an inappropriate amount, including consideration of statutory factor of financial resources and needs of non-custodial parent, then court should make specific finding and adjust amount of child support ordered. (KILBRIDE, FREEMAN, GARMAN, KARMEIER, BURKE, and THEIS, concurring.)
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