Aurora, Illinois Child Support Attorneys

Supportive Child Support Lawyers for Clients in Aurora

Child support is an important duty often assigned to the non-custodial parent after a divorce. Whether you are paying that support or receiving it, you may have some questions or concerns that need addressing. To protect your rights, reach out to an Aurora child support lawyer who can help get to the bottom of your issue.

At McSwain Rapp Law, LLC, we have years of experience helping clients with divorce, custody, and family law cases. Attorney Mary McSwain is an accomplished trial attorney, so you can count on her to provide fierce advocacy if your child support case ends up going to court.

Who Pays Child Support in Illinois?

Illinois uses an income shares model to calculate child support. That model considers the income of both parents, the number of children involved, and how much time each parent spends with the children. The idea behind this approach is that a child should receive the same level of financial support they would have had if both parents were living together.

The parent who spends less time with the children typically pays support to the other parent. However, that is not always the case. When parenting time is shared more evenly, or when one parent earns significantly more than the other, the calculation can shift.

Child support in Illinois is meant to cover a child's basic needs, including housing, food, clothing, and transportation. Courts can also factor in additional expenses such as health insurance, childcare costs, and school-related needs when setting the amount.

Grounds to Modify Child Support Payments in Aurora

A child support order is not permanent. Illinois law allows either parent to request a modification when there has been a substantial change in circumstances. Courts look at whether the change is significant enough to justify adjusting the existing order.

Common reasons parents seek modifications include a job loss or pay cut, a significant increase in either parent's income, a change in how much time each parent spends with the children, new medical expenses, or a change in the child's needs as they get older. Courts can also review orders that have been in place for at least three years, even without a showing of changed circumstances, to determine whether an adjustment is appropriate. Until a court officially modifies the order, the current amount remains in effect and must be paid.

What Can I Do if My Ex Refuses to Pay Child Support?

When a parent stops paying court-ordered child support, enforcement options are available. Illinois courts can order wage garnishment, suspend licenses, intercept tax refunds, place liens on property, and hold a non-paying parent in contempt.

Unpaid support does not disappear. Arrears accumulate with interest, and courts take non-payment seriously. If your ex has stopped paying or has fallen significantly behind, an attorney can help you pursue enforcement directly rather than waiting on the process to move on its own.

If a parent withholds custody or parenting time because support has not been paid, that parent can face serious legal consequences. Illinois courts treat custody and support as separate obligations. One does not cancel out the other. A parent who denies court-ordered parenting time can be held in contempt, regardless of whether support payments are current. If you are dealing with both a non-paying parent and a custody dispute, an attorney can help you address each issue through the proper legal channels.

Contact an Aurora, IL Child Support Lawyer

At McSwain Rapp Law, LLC, our attorneys help parents in Aurora with child support orders, modifications, and enforcement. Call our office at 630-581-2877 or contact our Aurora, IL child support attorneys to schedule a free initial consultation today.