The state of Illinois recognizes the right of every child to expect financial support from both parents, regardless of the relationship between them. When the child’s parents are divorced, separated, or unmarried and living apart, the law provides that a court may enter an order for child support requiring one or both parents to make payments. Most often, the parent who has not been granted primary residential custody of the child is responsible for paying support and the amount to be paid is based on the supporting parent’s net income and the number of children for which payment is required. (750 ILCS 5/505)
Statutory Guidelines for Child Support
|Number of Children||Supporting Parent’s Net Income|
|6 or more||50%|
The guidelines in the law provide a basis for minimum support expectations, which may be altered by a finding of the court. If the court determines that the resulting amount would not be appropriate based on the specific circumstances of the case, it may choose to deviate from the statutory calculations. Factors that could lead to a deviation include, but are not limited to:
In many child support cases, there is a great deal of confusion regarding what constitutes a supporting parent’s net income. While net income is not quite as simple as looking at the “net pay” box on a paycheck stub, the law provides a formula for its calculation, as well. A party’s net income is the total of all income from all sources minus specified allowable deductions, including:
If, due to default or any other reason, the court is unable to complete the statutory calculations because it cannot determine the supporting parent’s net income, the court may enter a support amount considered reasonable based on the individual case. In administrative cases, the Department of Child Support Services may use a standard amount based on the Illinois minimum wage, and the resulting order may be enforced in the same manner as a judicial order.
To estimate your child support payments, try our Illinois Child Support Calculator today.