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How is Child Support Determined in Illinois?

Whether you and your partner were married, you are required to pay child support in the state of Illinois. Family courts determine how much child support should be paid based off one of the oldest calculations. In America, each state uses a different means to calculate the amount of child support, but generally, judges make decisions based off relevant factors that are in the best interests of the child, which includes the standard of living, educational needs, physical and emotional condition, and the financial resources of both parents. Basic child support calculations are determined using a percentage of the non-custodial parent’s income; the percentage is increased based on the number of children.

  • 20% for one
  • 28% for two
  • 32% for three
  • 40% for four
  • 45% for five
  • 50% for six or more children.

The child support determination is decided based on the non-custodial parent’s net income. However, there are some deductions that are included. Those deductions include federal and state income taxes, medical expenses, expenses required to continue earning an income, union dues, health insurance premiums, non-custodial parental dependents and any other amount currently paid for the benefit of the child or to the custodial parent that includes spousal support and any other previously paid child support.

If you are currently unemployed, the court can still hold you responsible for paying child support if they rule you are willingly unemployed or underemployed. If you cannot show evidence of efforts to find a job or prove you have a disability that prevents you from earning an income, a judge could determine your child support based on potential income.

Once child support amounts are determined, the parent is obligated to pay until the child turns 18 or if they are still in high school at age 18, until they graduate or turn 19. If you are seeking to modify current child support orders due to a change in circumstances, our Illinois family law attorney can help you get started today.

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