How Are Child Support Payments Calculated Under Illinois Law?

 Posted on July 26, 2021 in Illinois Family Law

When parents get divorced, they will need to address multiple types of financial issues, and child support is an area that will most likely be a significant concern. While parents will want to ensure that their children’s needs will be provided for, they will also need to make sure they will have the financial resources to meet their own needs. By understanding the procedures used to calculate child support payments and working with an attorney who can advocate for their rights and financial interests, parents can make sure this issue will be addressed properly.

Guidelines for Calculating Child Support

The method used to determine an appropriate amount of child support has changed in recent years to address the fact that in most families, both parents work outside the home and earn income used to support themselves and their children. Currently, the guidelines for determining child support provided in Illinois’ laws take the income earned by both parents into account.

To calculate child support, each parent’s monthly net income must first be determined by taking their gross income and subtracting any allowed deductions. Deductions often include taxes, union dues, and child support or spousal support obligations a previous marriage or relationship. The parents’ net incomes are then added together, and this amount is used to determine the proper child support obligation. A table known as a “schedule of basic child support obligations” will provide the amount of support that would be appropriate for the number of children the couple has together.

The amount determined during this step is known as the “basic child support obligation,” and it represents the amount that the parents would have been expected to put toward providing for their children’s needs on a monthly basis if they were still married. This basic child support obligation will be allocated between the parents depending on each parent’s percentage of the combined income. For instance, a parent who earns 70% of the couple’s combined income will be allocated 70% of the basic child support obligation.

Typically, the parent who has the majority of the time will be considered the “custodial” parent since children will primarily live in that parent’s home. The non-custodial parent will usually pay their portion of the basic child support obligation to the custodial parent. In cases where children spend at least 40% of their overnight parenting time in a year with each parent, additional calculations may be necessary. The amount of child support that each parent will be responsible for will be based on the percentage of time the children spend with the other parent. Parents will also need to divide certain expenses in addition to the basic child support obligation, including educational costs, expenses for employment-related child care, medical expenses, and costs related to children’s extracurricular activities.

Contact Our DuPage County Child Support Lawyers

Child support calculations can sometimes be complicated, and parents will want to make sure all appropriate factors are considered in these cases. This will ensure that their children will have the support they need, while also allowing parents to make plans for how they will be able to cover their own ongoing expenses. To get legal help with issues related to financial support in your divorce or child custody case, contact our Oakbrook Terrace child support attorneys today at 630-909-9114.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm