Naperville Child Support Lawyer

Illinois child support law applies in dissolution of marriage, legal separation, and modification of an existing divorce decree. In each situation, the court may order either or both parents to pay an amount reasonable and necessary for the child’s support, covering necessary physical, mental, and emotional health needs.

In July 2017, Illinois replaced its prior child support formula with the income shares model. The previous system set payments based on the non-custodial parent’s income alone. Under the current law, the court determines the combined amount both parents would ordinarily spend on their children given their total income, then divides that Basic Support Obligation proportionally by each parent’s share of combined net income.

Each parent’s amount of parental responsibility and parenting time also affects the final figure. When a child spends 146 or more overnight stays per year with each parent, a shared-parenting calculation applies. The court may deviate from the guideline amount when the calculated result wouldn’t serve the best interests of the child.

Statutory factors the court may consider include:

• The financial resources and needs of the child or the custodial parent
• The standard of living the child would have enjoyed had the marriage not been dissolved
• The physical and emotional condition of the child and educational needs
• The financial resources and needs of the non-custodial parent

What a Child Support Attorney Does for Your Case

The income shares model produces a baseline number, but reaching a final order involves far more than arithmetic. Additional expenses beyond the Basic Support Obligation, including healthcare premiums, childcare, school fees, and extracurricular costs, are typically divided in proportion to each parent’s income share. Whether you’re the parent paying or the parent receiving, making sure those figures reflect your actual financial picture matters.

Our attorneys are experienced with the Illinois income shares guidelines and represent both paying and receiving parents. We handle initial support orders, enforcement of existing orders, and post-decree modifications when circumstances change. A substantial shift in either parent’s income, a change in the child’s needs, or a meaningful change in parenting time can each justify a petition to modify. Illinois courts require a filed petition and typically a hearing before any modification takes effect, and the existing order remains in force at its current amount until the court enters a new one.

We also weigh what a support outcome costs each client financially and emotionally, not only what the formula produces. That balance shapes how we approach negotiation and, when necessary, litigation before DuPage County family court.

A Downtown Naperville Firm That Knows Both Sides of the Support Table

Since 1973, Roscich & Martel Law Firm, LLC has operated out of downtown Naperville, handling family law matters continuously through every revision Illinois has made to its child support statutes. Our attorneys have worked through both the pre-2017 system and the current income shares model and have represented clients on both sides of the support calculation throughout. That dual perspective informs how we approach every case, from initial calculation through modification and enforcement.

Attorney Zachary A. Martel has been recognized as a Super Lawyers Rising Star in family law. We pursue each case with reason and common sense, keeping clients informed at every stage and balancing vigorous advocacy with the financial and emotional realities each client faces. When a matter falls outside our direct scope, we connect clients with appropriate specialists through our referral network. When an amicable resolution isn’t possible, we take the case to court.