Child Support

What You Need to Know

The law on how child support is calculated changed in Illinois in 2017.  Before July of 2017 child support was calculated by simply taking 20% of the net income (after taxes and deductions) of the parent who has the obligation to pay child support.  Child support is now based on the net income of both parents.  The baseline child support calculation is known as guideline child support.  However, the guideline amount may not be appropriate and either parent can ask the court to increase or decrease the guideline child support amount.  This is known as a deviation. When asking the court for a deviation from the guideline support amount the judge looks at the financial resources and needs of the child (or children), the financial resources and needs of the parents, the standard of living the child (or children) would have enjoyed had the parents remained together; and the physical and emotional condition of the child (or children) and his or her educational needs.

One important thing to remember is that both parents have an obligation to support the minor child (or children).  If one parent is not working an providing support for the child (or children) the judge can make the non-working parent find appropriate employment to provide child support.

In addition to child support the parents need to provide the child’s (or children’s) with health insurance and contribute to the minor child ‘s (or children’s ) costs not covered by health insurance, educational expenses, daycare expenses, and extracurricular activities expenses. 

Although the calculation of child support is, for the most part, standardized it does not mean that every situation involving child support is the same. There may be certain facts and circumstances that would justify a deviation from the standard child support amount.  Rafael Albarran knows that every situation is different and has the experience and knowledge to give you the proper legal representation, guidance, and counsel to help you with child support issues whether you are the parent paying child support or the parent receiving child support.  

Maintenance (formerly known as alimony)

What’s the proper amount of maintenance?

When a married couple divorces, and during the entire time the divorce is pending in court, the court can order one spouse to pay maintenance to the other spouse.

The way maintenance is calculated is based on the income of both spouses.  If the spouses’ combined income is less than $500,000 and neither spouse has an obligation to pay child support for a child (or children) from another relationship maintenance is calculated by taking 33 1/3% of the paying spouse’s income and subtracting 25% of the net income of the spouse who will be receiving the maintenance.  This amount is added to the income of the spouse receiving the maintenance payment.  However, the spouse receiving the maintenance payment cannot receive more than 40% of the combined net income of both spouses.

If the spouses’ combined income is more than $500,000, or more, than the judge can set a maintenance amount based on several factors to include, but not limited to, the income of each spouse, the length of the marriage, each spouse’s contribution to the marital estate, and the standard of living that the spouses enjoyed during the marriage.

What is important to know is that the spouse who has to pay maintenance can no longer deduct the maintenance amount from his income when paying taxes.  This means that the spouse who has to pay maintenance has to pay taxes on his, or her, entire income despite the fact that the paying spouse has to pay maintenance.

Maintenance is not always a clear cut issue, especially when other factors are present, such as an additional child support payment.  It is important that your legal reprehensive understand the importance of reviewing all of the financial circumstances of the marriage in order to give fair, accurate, and proper guidance, advice, and counsel. Rafael Albarran realizes that every situation is different and gives each of his clients the level of attention necessary to give a complete, fair, and accurate analysis of how maintenance applies to your individual case. 

I strongly believe in service to my community. I spent nearly a decade in the United States Marine Corps from December 1997 to June 2005. I supervised and commanded an 81mm Mortar Section during Operation Iraqi Freedom. I also led a team of Marines on various counter-insurgency operations and missions. I achieved the rank of Sergeant with numerous awards.

After my military service, I continued serving my local community as a Police Officer with the City of Palos Hills until May of 2011. 

As an attorney I am committed to representing my clients to the best of my ability to help them attain a just result in family law cases.

I take a very personal approach to each of my client’s cases. I personally help my client to understand the legal technicalities, processes, and procedures of the court system.

My passion for law stems from my desire to serve my community and to defend those in need. I graduated from Loyola University of Chicago School of Law with my JD degree in May 2014. I made the Dean’s List four out of six semesters and was selected for Loyola’s civil mock trial team. While in law school, I served with the public defender in the juvenile justice division, where I attained practical litigation experience and tried 13 cases to verdict. This gave me real world trial experience even prior to graduating law school. 

I obtained a Baccalaureate of Arts in History at Northern Illinois University in December 2001. I also hold an Associate of Arts in Liberal Arts from Moraine Valley Community College.

I have been practicing law since February 2015. I’m fluent in Spanish. I love spending time with friends and family, watching movies, running/weightlifting, working out and always improving my marksmanship.