Calculating Child Support Under Illinois Law

Calculating Child Support Under Illinois Law

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Illinois law requires that the noncustodial parent pay a certain amount of his or her income to the parent with primary custody for the maintenance and care of the child. Child support must be paid for any child under the age of 18 or 19-year-old still in high school. While calculating the exact amount of child support used to be extremely complicated (and indeed still is in some states) Illinois has thankfully simplified the process. Under state law, the noncustodial parent must pay a certain amount of his or her net income (income after taxes) based on the number of children requiring maintenance. The percentages are as follows:

• 20% of net income for one child
• 28% of net income for two children
• 32% of net income for three children
• 40% of net income for four children
• 45% of net income for five children
• 50% of net income for six or more children

In addition, the noncustodial parent will typically have to pay for one-half of expenses related to daycare and health care for the children.

*Please note that the law is currently being changed for 2017 and this statute may not apply in the upcoming year.

Child Support With Multiple Children and Custodial Parents

In cases involving maintenance of children born from multiple prior relationships, child support is calculated slightly differently. The noncustodial parent is still required to pay 20% of his net income toward the first court judgment ordering him to do so. For the second judgment, the noncustodial parent must then pay an additional 20% of his or her income for the maintenance of that child.

For example, if a father has two children from two previous relationships, and has a net income of $2,000 a month, the first parent to obtain a judgment would be entitled to $400 in child support per month. The second parent to obtain a judgment would then be entitled to $320 per month, and so on down the line.

Student Loans and Child Support Obligations

It’s been widely reported that Illinois overhauled large parts of its Marriage and Dissolution Act at the start of 2016. But one of the lesser known provisions of the new law is that student loan payments are no longer calculated in net income for child support. Depending on the repayment plan that the noncustodial parent is on, this can lead to a significant reduction in the amount of child support being paid each month.

Ensuring You Receive the Child Support You Are Entitled To

Typically, there is little argument in divorce cases that the noncustodial parent will be paying a portion of his or her income toward child support as this is quite clear in the statute. However, issues may develop down the line about whether the noncustodial parent is calculating his or her net income correctly, or some cases, they simply refuse to meet their court ordered obligations. If you are having trouble collecting child support from an ex, the Schaumburg divorce attorneys at SAM LAW OFFICE LLC may be able to help you.