child support & educational support

Parents supporting a child or children with two separate households is challenging for all.  Even with good intentions, it is understandable for a supporting party to feel burdened with the support payment made to the other party and will desire to minimize his or her required court ordered payment and the parent receiving support likely feels the payment is not enough when faced with the seemingly never ending child related expenses.  Laura A. Epstein & Associates, LLC understands the importance of maximizing each party’s respective interest when determining the issue of child support as the amount ordered makes a substantial difference in the lives of most parents and their families.

The issue of child support laws in Illinois has been evolving and it is expected it may change again in the near future.  Currently the law states the “supporting parent” of a minor child or children has an obligation to pay child support to the other party based on a percentage of the supporting parent’s net income.  The formula to determine support for a child under the age of eighteen or under the age of nineteen, if the child is still attending school, is outlined in the Illinois Marriage and Dissolution of Marriage Act, specifically 750 ILCS 5/505.  The law also allows the court, in its discretion, to require the parent or parents to contribute to expenses related to health care needs not covered by health insurance, child care, education and extra-curricular activities incurred for the benefit of the minor child or children. 

 Many incorrectly believe when the child reaches the age of majority, their obligation to support that child is over.  The court may also require either or both parents to contribute to the educational expenses of a child after the child reaches the age of 18 if the child is still attending high school, as with a disabled child, or if the child is attending a college or university.  The Illinois Marriage and Dissolution of Marriage Act provide an outline for the specific expenses a party may be required to contribute that are considered “educational expenses” which may include tuition and fees, housing, medical insurance and health related expenses, and other expenses.