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 or e-mail us at pss@SylvesterLawFirm.com to get answers to your important questions about Illinois child support and family law.
