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How is Child Support Determined in Illinois?

Whether you were married or not, child support in Illinois is usually ordered . . . if a case is filed. The rare exception is where the parties have the same income and spend the same amount of time caring for the child(ren). Illinois Family courts determine how much child support should be paid by applying the guidelines for setting child support found in the Illinois Marriage and Dissolution of Marriage Act (IMDMA), which is used for paternity and divorce cases alike. Until June 30, 2017 when the law changes, guideline child support in Illinois is set as a percentage of the paying parent's net income:

  • 20% of net income for one child
  • 28% for two
  • 32% for three
  • 40% for four
  • 45% for five
  • 50% for six or more children.
  • Disputes over how to calculate net income are not uncommon but once resolved, the actual calculation is not difficult.

    Net income is calculated by deducting properly calculated federal and state income taxes, student loan payments, union dues, health insurance premiums, spousal support (a/k/a maintenance), any other previously paid child support, etc.

    Commencing July 1, 2017 the law changes ... from a straight percentage of net income calculation to an analysis which compares the incomes of parents. So . . . if you'll be getting child support ... you know what to do, . . . call a Wakenight Attorney today, and . . . if you'll be paying child support ... you know what to do, . . . call a Wakenight Attorney today.

    Illinois Family Courts do not encourage or favor out-of-court child support agreements or modifications because children need child support so child support cases are best resolved by the entry of a court order to protect both parties.

    Once child support is determined, it continues until the child turns 18, if they are still in high school at age 18, or until they graduate, whichever is later, but in no event beyond age 19.

    If you are seeking child support or are seeking to modify current child support due to a change in circumstances, our Illinois family law attorneys can help you get started today.

    Contact our offices to schedule your consultation.

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