Child Support

Child Support Determination and Enforcement

Law Office of Emily J. Kelly -- DuPage County and Kane County

I care deeply about the issues of child support, custody, and visitation, and have extensive experience in resolving legal matters in these areas. Over the course of my 18-year career, I have become extremely familiar with the calculation and collection of child support.

Based in Wheaton, Illinois, I represent custodial and non-custodial parents in DuPage and Kane Counties. Prior to private practice, I worked as an attorney for the state of Illinois and the DuPage County prosecutor’s office in the area of child support enforcement. I authored and testified in support of legislation that now compels non-custodial parents to supply relevant financial information in the determination of support.

Free 30 Minute Consultation -- (630) 221-0100

I have seen the devastating impact a parent’s failure to pay child support can have on the custodial parent and the child. Trying to raise a child without the financial assistance of the former spouse compounds the problems endured in divorce and child custody disputes. I am committed to fighting for your legal right to receive child support from your ex-spouse.

Determining Child Support -- Working with All the Facts

The accurate application of Illinois child support guidelines is a complex matter. Child support payments are based on statutory guidelines regarding the non-custodial parent's net income from all sources. I am experienced in uncovering the paying parent's true income from all sources -- paychecks, bonuses and commissions, rental property, and investment returns. I often am called upon to determine the income of self-employed parents, such as real estate agents, independent contractors, and entrepreneurs. I obtain and examine their business records, bank statements, and other documentation to determine income for calculating support.

Child Support Enforcement

If the other parent is not paying ordered child support, I am experienced in enforcing court-ordered payments:

• Filing employment search motions to order the non-paying parent to find a job. Paychecks (or unemployment checks) can then be garnished.
• Filing contempt petitions for willful non-compliance. A judge can force an unemployed father to get a job, put him in jail, give him a time period in which he has to pay back child support, suspend his driver's license, or assign him to work release to earn money to pay arrears.

If you are the paying parent and facing legal action because you are willing but unable to pay child support, a lawyer can help. I will defend you on contempt charges by showing the court that you could not work or pay because of extenuating circumstances.  If your inability to pay will be ongoing, we can also seek a modification to reduce child support.

Whether you need to establish an ongoing child support payment obligation or need to enforce an existing child support order, I am available to provide you with experienced legal representation. I also have experience in obtaining child support in a parentage case. Contact my Wheaton, Illinois, office at (630) 221-0100 for a free, 30-minute consultation about a child support dispute.