Calculating Your Child Support Obligation in Illinois

 Posted on March 26, 2015 in Child Support

The state of Illinois, like every state, maintains under law that every child is entitled to the financial support of both parents, regardless of the relationship between them. Payment of child support is taken very seriously in the state and failure to meet ordered support obligations can result in significant penalties and wage garnishment. Understanding how the court system calculates expected child support requirement can significantly help a parent better prepare for the challenges ahead.

If you have a child and are divorced from or were never married to the child&s other parent, the law provides the possibility that you may be responsible for paying support. Statutorily, the state may require that both parents pay child support, but for practical purposes, the non-custodial or non-residential parent is most often the only obliged payor. As a non-custodial parent, it is likely that you will be ordered to pay support for your child or children.

Calculation of Support

Your support obligation will be determined using your net income, which is defined as your total income minus designated deductions such as federal and state taxes, certain retirement contributions, and other allowable dues or fees. Once the court has established your net income, your responsibility for support will depend on the number of children being supported. The recommended payment will be:

• 20 percent of your income for 1 child;
• 28 percent for 2 children;
• 32 percent for 3 children;
• 40 percent for 4 children;
• 45 percent for 5 children; and
• 50 percent for 6 or more children.

This amount will represent a baseline for your support order and may be increased by court based on considerations including medical expenses, childcare, education, and sports or other activities.

Orders Customized to Fit Your Family

No two family situations are exactly alike and yours will likely involve unique financial circumstances, to at least some extent. In establishing your support order, the court is expected to consider a number of factors to ensure the order is both beneficial to the children and sustainable. The needs and resources of both parents and the standard of living that was established must be balanced with the current and foreseeable needs of the child. As a result, the court may order a support amount that differs from the recommended calculation, and with justifiable cause, is granted discretion under the law to do so.

Professional Legal Services

Whether you are in the process of negotiating a child support order or have support obligations that you are struggling to meet, the services of a qualified lawyer can help provide the direction you need. Contact an experienced family law attorney in Arlington Heights today and put the team at A. Traub & Associates on your side.