ILLINOIS CHILD SUPPORT - IN ILLINOIS CHILD SUPPORT IS BASED UPON A PERCENTAGE OF THE NON-CUSTODIAL PARENT'S NET INCOME.  A competent attorney / lawyer / lawfirm should be retained to make sure that the custodial parent is receiving the maximum amount of child support he/she is entitled to and to make sure that the non-custodial parent pays the least amount of child support.


Illinois Child Support Guidelines Based upon percentage of net income:
     1 child - 20%
     2 children - 28%
     3 children - 32%
     4 children - 40%
     5 children - 45%
     6 children - 50%

Overtime is considered in calculating a non-custodial parent's obligation to pay child support. Also, only certain deductions are allowed against gross income in calculating net income for the purpose of child support determination. The court may, in extreme cases, allow child support below guidelines an example of which is when the non-custodial parent has a net income of $1,000,000.00 per year and it is obvious that it will not cost $200,000.00 to support one child.

After a court order has been entered, the amount of the child support obligation may be lowered or increased based upon a substantial change in circumstances (20% or more decrease or increase in income). For example if the non-custodial parent loses his job he may file a petition to reduce or reserve child support. Also, if the non-custodial parent earns substantially more than was the case when the support order was entered, the custodial parent may file a petition seeking an increase in child support.

Child support is a vested right and the court does not have the authority to reduce or increase child support retroactive to a date prior to a petition being filed seeking same. The non-custodial parent should always make sure that an order is entered terminating child support upon the emancipation of the child/children.

Child support payments are normally withheld from the non-custodial parent's paycheck and sent directly to the Illinois State Disbursement Unit for transmittal to the custodial parent. This way the custodial parent does not have to beg for the child support she is legally entitled to or wait until the other parent feels that he is ready to pay her. A custodial parent is entitled to child support until the child is 18 years old or completes high school but no longer that the child reaching 19 years of age unless the child is disabled. If the child is 18 years old and still attending high school full time the custodial parent should retain an attorney to file a petition to extend the child support payments until the child completes high school but no later than the child reaching 19 years old. Upon written motion, child support may/will cease upon the child joining the armed forces or marrying.

Child support payments are paid out of the non-custodial parents net income and does not represent a tax deduction for the non-custodial parent NOR does it represent taxable income to the custodial parent receiving said child support payments. Also, if there is a child support deficiency, the person owing the monies may encounter the following problems: inability to obtain a passport, income tax refunds seized by the government and transmitted to the custodial parent, loss of driver's license privileges & possible incarceration.

Furthermore, any child support arrearage incurs statutory interest at the rate of 9% per annum. In addition to child support the court may, and often does, require the non-custodial parent to maintain medical insurance coverage on the child, contribute to the medical, dental and optical expenses of the child and pay a portion of babysitter, daycare and educational expenses of the child. You need a competent attorney to make sure that you receive what you are entitled to if you are the custodial parent and to make sure you don't pay too much if you are the non-custodial parent.

The court has the authority to award either the custodial parent or the non-custodial parent the income tax dependency deduction for the child of the parties and in order for the non-custodial parent to claim said deduction he must be awarded it pursuant to court order or the Judgment for Dissolution of Marriage. Also, if the non-custodial parent is awarded a dependency deduction, the custodial parent must sign a tax form to be attached to the non-custodial parent's income tax return indicating that the non-custodial parent is entitled to the dependency deduction.

In addition to child support the court may, and often does, require the non-custodial parent to maintain medical insurance coverage on the child, contribute to the medical, dental and optical expenses of the child and pay a portion of babysitter, daycare and educational expenses of the child.  

This website does not provide legal advice but instead is meant to give general information and should not be relied upon without seeking competent legal advice relating to your specific situation. What generally may be true may not apply in your case depending upon the specific facts and circumstances involved. Nothing contained in this website is meant to create an attorney-client relationship and no attorney-client relationship is created herein by this website.