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Illinois Child Support Calculation Laws

Posted on in Child Support

Illinois child support, Naperville divorce lawyerDivorced or unmarried parents who are not their child(ren)’s primary caregiver are legally required to pay child support to help pay for their child(ren)’s living expenses. These payments are put toward necessities necessities such as food, clothing and shelter, but generally do not cover child care, health care bills, education and extra-curricular activities. In most cases, the courts require more support in order to contribute towards these additional expenses.

How Child Support is Calculated

In Illinois, a judge, typically, will calculate child support payments. Minimum amounts range from 20 percent of net income for one child to 50 percent of net income for six or more children. This means that if a parent does not live with a child(ren) full time, and nets $100,000 annually, he or she will be required to pay $20,000 a year in child support for one child, or at least $50,000 a year if he or she has six or more children.

These numbers are used as a basis in every child support case unless the courts decide that another arrangement would be more beneficial to the child(ren). Exceptions to the current statutes include:

  • How much financial support the child(ren) needs;
  • How much support the custodial parent needs based on his or her income or other resources; and
  • The non-custodial parent’s needs based on his or her income.

Most judges will also take into consideration the standard of living the child(ren) were accustomed to or would have been privy to had the marriage continued or, in the case of unmarried parents, if the parents had subsequently married.

When calculating the non-custodial parent’s net income, the courts look at all sources of income then deducts certain expenses from the gross total. These deductions include, but are not limited to, state and federal taxes, payments into social security, health insurance premiums, life insurance premiums and mandatory retirement contributions. In cases where the judge cannot calculate a specific dollar figure to represent net income, the courts will decide how much child support should be paid based on their reasonable assessment of the case.

After a Support Amount has been Determined

Once the courts decide on the proper amount of child support to be paid by the non-custodial parent, an Order of Support is entered. This document includes legally binding payment information such as the declared payment amount, how often the payments will be made, and how long the payments will last. The Order of Support also contains information about which parent will provide medical coverage and how much each parent must provide for medical insurance and medical expenses.

If you are a parent who needs more information about Illinois child support orders please contact a knowledgeable Naperville child support attorney to schedule a complimentary consultation. Please call Pesce Law Group, P.C. today at 630-352-2240. There is no time to waste when your children’s future is involved. We look forward to speaking with you.

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