My Ex-Spouse Makes More Money Than Me. Why Do I Have to Pay Him or Her Child Support?

DuPage County Attorneys Explain Child Support After Divorce

Child support is one of the most emotionally involved topics covered during the divorce process. Under Illinois law, children have the right to be supported by both parents. Child support refers to the amount of money that the court orders one parent to pay another. If you are filing for divorce or addressing child custody issues as an unmarried parent, our team of experienced family law attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC can help you navigate the child support laws.

Do You Still Owe Child Support if Your Ex-Spouse Earns More Money?

In the past, child support was calculated by examining the non-custodial parent's income and the number of dependents. However, under the current laws in Illinois, family courts use more advanced formulas to calculate child support. The laws factor in multiple variables, including:

• The income of both parents;
• The financial needs of both parents;
• The number of children;
• Each parent's parenting time and parental responsibilities, including the number of overnights for children in each parent's home;
• The financial requirements of the child;
• The educational needs of the child (e.g., tuition, school supplies, or other expenses); and
• The standard of living the child received while the parents were married.

Under Illinois law, it is possible that you could owe child support even if your ex-spouse earns more money. For instance, if your ex-spouse will have the majority of the parenting time, and the two of you have multiple children with extensive financial needs, you may still owe child support. Child support payments may be used for general living expenses, including food and shelter. You may also share additional expenses, such as the costs of sending your children to daycare. Even if your ex-spouse is the higher earner, you may be required to make child support payments to ensure that your children will have the financial resources they need.

Your trusted attorney can guide you through the legal process and assist you with your support case. In complex cases or cases involving self-employed parents, forensic accounting may be useful when determining fair child support payments. Forensic accounting refers to the in-depth analysis of accounting records, taxes, business receipts, and more to determine the true income of one or both parents. By fully understanding the incomes of both parents and the expenses involved in raising your children, you can ensure that child support obligations will be determined correctly.

Contact Our DuPage County Child Support Lawyers

If you believe you are entitled to an increase or reduction in child support payments, or if you have concerns about how child support will be calculated, contact an attorney. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we will work hard to craft the best parenting plan for you and help you understand the laws that will apply in your case. Our firm has decades of combined experience in divorce and family law.

Contact our Wheaton, IL office at 630-665-7300 to schedule an Initial Attorney Meeting. We represent clients throughout the western suburbs of Chicago, Illinois, including Wheaton, Naperville, Oak Brook, and DuPage, Kane, and Kendall Counties.