Child Support Guidelines in Illinois

 Posted on February 15, 2013 in Child Support

NOTE: As of July 2017, the law governing child support in Illinois has changed. Please see our Child Support page for more information.

In a divorce that includes children, the court will try to decide a fair amount of child support that should be paid to the custodial parent.  The amount can be changed if the financial situation of the non-custodial parent changes over the course of the child’s life.  But it is important to have a basic understanding of how child support is figured. The factors that help determine the amount of child support are as follows.  The needs of the child which is meant to include expenses such as medical insurance, day care, education and other major expenses.  It also considers the financial situation of both the custodial and non-custodial parent and their abilities to support themselves.  The standard of living that the child could have enjoyed if the parties were married is a general factor that is considered as well. The court will look at the net income of each parent when it decides upon a support amount.  That is the full amount of income minus tax deductions, health insurance premiums, and other reasonable expenses that are necessary for life.  In cases were net income isn’t known, it will be up to the court to decide on a realistic support amount. There are minimums that are used as benchmarks when deciding child support.  If there is one child, the child support should be at least 20% of the net income.  For two children, the percentage goes up to 28% and then to 32% for three children.  It does meet a cap at 6 or more children which requires half of the net income of the non-custodial parent. If you are considering divorce when you have children then it is important to have a basic idea of how child support is figured.  There are additional opportunities to seek post decree modifications to existing child support payments.  If the non-custodial parent has a considerable change in income, then a petition may be in the best interests of the case.  Contact a skilled divorce attorney in Wheaton who can work with you through your divorce or as new issues arise. Image courtesy of: Freedigitalphotos.net