www.TheIllinoisAttorney.com - Hire an Attorney with experience - Your case should not be a learning experience for a lawyer! - 30 YEARS OF EXPERIENCE COUNTS!

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D. Smith
Attorney At Law


FREE TELEPHONE CONSULTATION

Better Business Bureau - A+ Rating

D. SMITH - ATTORNEY AT LAW

Practicing Law Since 1980

www.TheIllinoisAttorney.com

Experienced Child Support Attorney - Aggressive Child Support Lawyer

2021 Midwest Rd. - Suite 200, Oak Brook, IL. 60523

161 N. Clark St. - Suite 4700, Chicago, IL. 60601

1800 Nations Dr. - Suite 117, Gurnee, IL. 60031

 630-415-8705 

Serving Cook County, DuPage County, Kane County & Lake County - Illinois

Family Law (Divorce / Paternity / Custody / Support / Alimony)

33 YEARS  EXPERIENCE:

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Member of:
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  Illinois State Bar Assn.
  DuPage County Bar Assn.
  Kane County Bar Assn.
  Chicago Bar Assn.

  Elmhurst Chamber of Commerce

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     D. Smith, Attorney  Law, Attorneys & Lawyers  Divorce, Oak Brook, IL

CHILD SUPPORT

CALL ME FOR A FREE TELEPHONE CONSULTATION:   MON - SAT FROM 9:00 A.M. -10:00 P.M.    I AM HERE TO HELP YOU.

Custodial Parents: Is your child support payment below the guidelines listed below?  Is the other parent contributing to the child's educational expenses, daycare expenses, medical, dental and optical expenses?  Is the non-custodial parent providing medical insurance coverage for the child/children?  If the answer to any of these questions is NO - Call me at (630) 415-8705 and let me make sure that you get what you are entitled to.  I provide a free telephone or office consultation. Remember a court order for child support can be changed based upon a change in circumstances and when the non-custodial parent makes more money you are entitled to more child support.  The non-custodial parent wins the lottery and you are a winner too as it relates to increased child support.  Non-custodial parent claiming he is not working and therefore should not pay child support - NO PROBLEM - Call me and we will request that a judge make him prepare a job diary indicating that he is applying for work daily and report to the court indicating his endeavors in seeking employment.  Is the other parent not giving you the child support when he is supposed to - Hire me and we will have an Order for Support entered and served upon his employer so child support comes right out of his check and his sent to you before he even sees it.  Non-custodial parent behind in his child support payments - Hire me and we will file a Petition for a Rule to Show Cause to find him in contempt of court, seek his incarceration and seek to have his driver's license suspended.  Call me at (630) 415-8705.

Non-Custodial Parents: Are your child support payments above the guidelines listed below? Did you lose your job or is your pay reduced so you can no longer afford to provide medical insurance coverage, pay medical, dental and optical expenses, pay daycare expenses and educational expenses?  If the answer to any of these questions is YES - Call me at (630) 415-8705 and let me make sure that you obtain the relief that you are entitled to.  I provide a free telephone or office consultation. Remember a court order for child support and other child care expenses can be changed based upon a change in circumstances and when you are making less money, you are entitled to relief in a reduction of child support and other expenses relating to the child/children.  It is imperative that you file a motion seeking the relief you are entitled to as soon as there is a change in circumstances because in almost all cases the court cannot and will not grant retroactive relief to a date prior to the filing of your motion. If you win the lottery, contact me before redeeming your ticket so that the proper action can be taken to reduce your child support burden.  Call me at (630) 415-8705.

Hire me before the other parent does - You don't want me on the other side fighting for the other parent's rights or defending his obligations!

All attorney's fees include complete legal representation in court.  Documents are prepared relating specifically to your case, an attorney explains the documents to you before you sign them and an attorney is with you in court.  You are not alone - your attorney is with you every step of the way.  Let my 30 years of experience work for you!

CALL ME FOR A FREE TELEPHONE CONFERENCE AT (630) 415-8705 TO DISCUSS WHAT SERVICES CAN BE PROVIDED AND THE FEE FOR SAID LEGAL SERVICES.  WHEN YOU CALL MY OFFICE YOU TALK TO ME (NOT A PARALEGAL OR SOMEONE JUST OUT OF LAW SCHOOL) AND WHEN YOU GO TO COURT I AM THERE WITH YOU - NOT ANOTHER ATTORNEY (POSSIBLY SOMEONE JUST OUT OF LAW SCHOOL WITH LITTLE OR NO EXPERIENCE). 

Illinois Child Support Guidelines

Based upon percentage of net income:

1 child - 20%

2 children - 28%

3 children - 32%

4 children - 40%

5 children - 45%

6 children - 50%

Overtime is considered in calculating a non-custodial parent's obligation to pay child support.  Also, only certain deductions are allowed against gross income in calculating net income for the purpose of child support determination.  The court may, in extreme cases, allow child support below guidelines an example of which is when the non-custodial parent has a net income of  $1,000,000.00 per year and it is obvious that it will not cost $200,000.00 to support one child.

After a court order has been entered, the amount of the child support obligation may be lowered or increased based upon a substantial change in circumstances (20% or more decrease or increase in income).  For example if the non-custodial parent loses his job he may file a petition to reduce or reserve child support.  Also, if the non-custodial parent earns substantially more than was the case when the support order was entered, the custodial parent may file a petition seeking an increase in child support.  Child support is a vested right and the court does not have the authority to reduce or increase child support retroactive to a date prior to a petition being filed seeking same.  The non-custodial parent should always make sure that an order is entered terminating child support upon the emancipation of the child/children.

Child support payments are normally withheld from the non-custodial parent's paycheck and sent directly to the Illinois State Disbursement Unit for transmittal to the custodial parent.  This way the custodial parent does not have to beg for the child support she is legally entitled to or wait until the other parent feels that he is ready to pay her.

A custodial parent is entitled to child support until the child is 18 years old or completes high school but no longer that the child reaching 19 years of age unless the child is disabled.  If the child is 18 years old and still attending high school full time the custodial parent should retain an attorney to file a petition to extend the child support payments until the child completes high school but no later than the child reaching 19 years old.  Upon written motion, child support may/will cease upon the child joining the armed forces or marrying.

Child support payments are paid out of the non-custodial parents net income and does not represent a tax deduction for the non-custodial parent NOR does it represent taxable income to the custodial parent receiving said child support payments.

Also, if there is a child support deficiency, the person oweing the monies may encounter the following problems: inability to obtain a passport, income tax refunds seized by the government and transmitted to the custodial parent, loss of driver's license privileges & possible incarceration.  Furthermore, any child support arrearage incurs statutory interest at the rate of 9% per annum.

In addition to child support the court may, and often does, require the non-custodial parent to maintain medical insurance coverage on the child, contribute to the medical, dental and optical expenses of the child and pay a portion of babysitter, daycare and educational expenses of the child.  You need a competent attorney to make sure that you receive what you are entitled to if you are the custodial parent and to make sure you don't pay too much if you are the non-custodial parent.  My firm will protect your rights and make sure that you get what you are entitled to or only pay what you have to.

The court has the authority to award either the custodial parent or the non-custodial parent the income tax dependency deduction for the child of the parties and in order for the non-custodial parent to claim said deduction he must be awarded it pursuant to court order or the Judgment for Dissolution of Marriage.  Also, if the non-custodial parent is awarded a dependency deduction, the custodial parent must sign a tax form to be attached to the non-custodial parent's income tax return indicating that the non-custodial parent is entitled to the dependency deduction.

I will make sure that you are awarded the correct amount of child support that you are entitled to and will take every action possible to collect child support for you.  30 years of experience in family law makes a difference.  -  Hire my firm before you spouse, ex-spouse or father or mother of your child does!

FREE INITIAL OFFICE CONSULTATION.

Hire an experienced attorney and get it done right the first time and make sure that your rights are protected.  Depending on the case and the pleadings involved, an experienced attorney may be able to complete the work twice or three times faster saving the client time and money.  Also, an experienced attorney makes sure that you get what you are entitled to or pay the least amount possible.

I try to charge a very fair and reasonable fee for the work that is performed and you may find some attorneys who are not that familiar with the law and may take a copy of a form and type in certain variables and call it a completed document or not really devote sufficient time to your case.   This law firm takes pride in our work and has the experience to know what should be done and what should not be done.   Legal services performed may affect your life for many years to come and it is very important that you obtain the services of a qualified attorney with experience.

This website does not provide legal advice but instead is meant to give general information and should not be relied upon without seeking competent legal advice relating to your specific situation.  What generally may be true may not apply in your case depending upon the specific facts and circumstances involved.   Nothing contained in this website is meant to create an attorney-client relationship and no attorney-client relationship is created until a written retainer agreement is executed by the attorney and client and a retainer fee is paid to the attorney.

RETAIN MY LAW FIRM AND BENEFIT FROM MY 33 YEARS OF LEGAL EXPERIENCE - EXPERIENCE COUNTS!

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630-415-8705