Taking care of your children.

Divorce and co-parenting can be overwhelming and complex to navigate, especially when children are involved. Whether you want to establish a fair co-parenting arrangement or need to modify an existing support order,  the team at The Law Offices of Bonnie L. Alexander are here to help you each step of the way with experienced, compassionate legal counsel.

Child Custody in Illinois

In Illinois, we no longer use the traditional term "custody" in legal proceedings. Instead, our laws define "parental responsibilities" and "parenting time.”  Your parental responsibilities as defined by the law include decision-making authority in areas such as education, healthcare, religion, and extracurricular activities. Parenting time is exactly what it sounds like- the actual time each parent will spend with the child. Courts consider a variety of factors when dividing and assigning these responsibilities, primarily focusing on the child's best interests. The legal framework for this process is defined in the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5).

Income tax consequences 

Under the Internal Revenue Code, the custodian of the children is entitled to take them as dependent exemptions unless the custodian agrees that the noncustodial parent may take the children as exemptions and agrees to sign an Internal Revenue form so stating.  Despite this provision, the judge presiding over your case may order that the noncustodial parent be permitted to claim the children as dependent exemptions without an agreement from the custodial parent.  This is especially common in cases in which the noncustodial parent is paying child support.

Child support is not taxable to the recipient, and it is not an income tax deduction for the parent making the payments.

Child Support in Illinois

Child support is determined using an income shares model in Illinois, which assesses both parents’ income, the number of children they have, and the amount of parenting time each parent is responsible for. The Department of Healthcare and Family Services (HFS) provides a free child support estimator that can give you a ballpark figure, but actual support amounts can vary depending on unique circumstances, so this should only be used as a guideline. If determined to be in the child's best interest, the court may deviate from the standard child support calculation. 

Child Support and College Education

Child support is paid only during the period that children are minors.  A child is no longer a minor upon the child’s eighteenth birthday or graduation from high school, whichever occurs later.  The law provides, however, that divorced parents may have a continuing financial obligation for the college education of their non-minor children.  This, of course, presumes that the child has the desire and intellectual ability to receive a college education.

The costs of post-high school education vary greatly.  The costs for a student for one year at a community college may be only several hundred dollars, but the cost for one year at a private school may be in the tens of thousands of dollars.  The court assesses each individual parent’s obligation to pay a child’s college expenses by considering the type of school that would have been chosen if the parents had not divorced, each parent’s present and future financial resources, the financial resources of the child, and the child’s academic performance. In Illinois, judges use the University of Illinois at Urbana Champaign as the benchmark for determining cost. If your child attends at private or out of state university, this is how that support will be calculated. Typically, each parent and the child are responsible for 1/3 of the cost each, but this model may be modified based on your needs.

In a marital settlement agreement, individuals may include specific provisions regarding their obligations for funding a child’s college education.  On the other hand, it may be premature to make such a commitment at that time and both parties may reserve the issue until a more suitable time in the future. If the parents cannot come to an agreement before the child enters college, either parent may petition the court, and the court will determine each parent’s obligation to pay for the child’s college education expenses.

Getting Started

We begin with a free consultation to familiarize you with my process and gather important information about your case. Filing a petition to the court is typically the next step in resolving custody and child support disputes. From there, you and your child’s other parent may be required to participate in mediation and create parenting plans. During your case, Illinois courts might require you to abide by a temporary parenting plan to foster cooperative co-parenting. If an agreement cannot be reached outside of court, you may be required to attend court hearings. More information on court procedures can be found through the Illinois Courts’ official site.

You’re Not Alone

While this process may seem intimidating and high-stakes, The Law Offices of Bonnie L. Alexander fight for your family's future. Put our 30+ years of experience to work for you! Contact us for a FREE consultation to discuss the unique circumstances of your case!