Child Support
is paid by the “non-custodial” parent to the “
custodial” parent.
Illinois divorce law sets
guidelines for the amount of
child support the non-custodial parent must pay.
The amount of child support is based on the non-custodial parent’s net income.
The Illinois divorce law statute that governs
child support can be found at 750 ILCS 5/505. That law establishes
child support
guidelines ...............
»
1 child = 20% of non-custodial parent’s net income
»
2 children = 28% of non-custodial parent’s net income
»
3 children = 32% of non-custodial parent’s net income
»
4 children = 40% of non-custodial parent’s net income
»
5 children = 45% of non-custodial parent’s net income
»
6 children or more = 50% of non-custodial parent’s net income
The foregoing Illinois child support
guidelines will be applied by
Illinois divorce courts
unless the
guidelines would not be in the "
best interest of the child(ren)."
To determine whether the standard
Illinois child support
guidelines are in the best interest of the child(ren),
Illinois divorce courts
consider the following factors ...............
1. the financial resources and needs of the child(ren);
2. the financial resources and needs of the custodial parent;
3. the standard of living the child would have enjoyed had the marriage not been dissolved;
4. the physical and emotional condition of the child and his/her education needs; and
5. the financial resources and needs of the non-custodial parent.
Illinois divorce courts are not inclined to modify
child support orders. However,
there are three circumstances when the
Illinois divorce courts
will consider modifying
child support ...............
1. mis-calculation of the amount provided for in the
Marital Settlement Agreement;
2. health care for the child(ren); and
3. there is a substantial change in circumstances since the
Illinois divorce court’s order.
Illinois divorce courts are not sympathetic to violators of
Child Support
Orders. Federal law provides for punishment of the parent who ...............
1. willfully fails to pay
child support for a period of more than one year or in an amount greater than $5,000;
2. goes to another state or country in an attempt to evade the payment of
child support that has been due for more than one year or in an amount greater than $5,000; or
3. willfully fails to pay
child support for a child in another state for a period of more than two years or in an amount greater than $10,000.
Chicago, Illinois child support issues are often very difficult to resolve. You should only work with a
north suburban Chicago child support and divorce lawyer who has significant, first-hand experience with
Illinois child support issues. The
Wilmette, Glenview and Northbrook divorce and family law attorney of
Sylvester Law Firm has such experience.
You are welcome to call us at (847) 251 – 2999
to get answers to your important questions about Illinois child support and family law.