In Illinois, child support is calculated with a formula. It is based on the net income of the non-custodial parent and the number of children to be supported.
Net income is the difference between the gross income and allowable deductions. Gross income is income from all sources, including salary and investments. Allowable deductions include federal income tax withholdings, social security contributions, mandatory union dues, mandatory retirement contributions, health insurance premiums, prior obligations for support or medical expenses, and repayment of debts necessary to ensure continued income.
Once this amount is determined, the number of children to be supported becomes a factor. Generally, based on the number of children, the non-custodial parent must pay a predetermined percentage of his gross income. The more children to be supported, the greater percentage the supporting parent will have to pay. The percentages relative to the number of children are as follows:
1 child: 20%
2 children: 28%
3 children: 32%
4 children: 40%
5 children: 45%
6+ children: 50%
The Illinois court will stick with the above guidelines for child support unless there are special circumstances not to. The court may consider other factors besides the numbers, and deviate from the guidelines accordingly. These factors include the special needs of the child, the standard of living that the child is used to, and the financial needs of the supporting parent.
If you believe your child support payments could be reduced or if you believe your children deserve more support, then an experienced family law lawyer can assist you. He can help you file the appropriate court papers and argue on your behalf.
Last Modified: 02-12-2015 03:38 PM PSTLaw Library Disclaimer
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