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Illinois Divorce FAQs - Child Support
This information is from Dick Kulerski, the DivorceInfo Network Lawyer for Illinois. Click here to visit his web site.
How does child support get figured?With few exceptions, child support is determined solely on the basis of the obligor’s income, without regard to the custodial parent’s income. The Illinois courts determine child support payments by using a statutory percentage formula:t“The
Court shall determine the minimum amount of support by using the following
guidelines: Number of Children Percent of Supporting Party's Net
Income 1 20% 2 25% 3 32% 4 40% 5 45% 6 or more 50%
-Federal
income tax
-State
income tax
-Social
Security payments
-Mandatory
retirement contributions required by law or as a condition of employment
-Union
dues
-Dependent
and individual health/hospitalization insurance premiums
-Prior
obligations of support or maintenance actually paid pursuant to a court
order.
-Expenditures
for repayment of debts that represent reasonable and necessary expenses
for the production of income, medical expenditures necessary to preserve
life or health, reasonable expenditures for the benefit of the child and
the other parent, exclusive of gifts. How do you change child support?A change in child support can be effectuated upon the following: A.Upon a showing of a substantial change in circumstances; B.And, without the necessity of showing a substantial change in circumstance, if a showing can be made of an inconsistency of at least 20%, but no less than $10.00 per month, between the amount of the existing order and the amount of child support that results from application of the guidelines ( unless the inconsistency is due to the fact that the amount of the existing order resulted from a deviation from the guideline amount and there has not been a change in the circumstances that resulted in that deviation); C.Or upon a showing of a need to provide for the health care needs of the child through either health insurance or other means; Does child support get deducted from the payor's paycheck? How?Support can be deducted from the payor’s paycheck when a withholding order is entered by the court. This is usually simultaneously with the support order. The payor’s employer is then sent a copy of the withholding order and deductions are taken in the amount specified. That amount is then sent by the employer to a state agency. The agency then sends a check to the custodial parent.When will the court allow a deviation from the guidelines?While our statute states that the percentages will be the minimum amount of support to be paid, the minimum has become the norm.However, there are exceptions:
Other issues in Illinois: |
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