In January 2016, Senate Bill 57 brought changes to several aspects of family law in Illinois that divorced and separated couples should understand moving forward. Among the changes were alterations to grounds for divorce, child custody, and division of property.
What did not change was how payments for child support are calculated. In 2013, Illinois revised its statutes on child support calculations at the behest of the federal government.
Illinois income based child support calculations
The Illinois the Child Support Advisory Committee recommended the state adopt “percentage of obligor’s net income” be paid to parents with whom the child or children reside. Net income is the obligor’s total income, minus deductions like:
- Federal income tax;
- State income tax;
- Social Security;
- Retirement contributions;
- Union dues;
- Health insurance premiums;
- Prior child support orders; and
- Expenditures for repayment of debts.
Total income includes revenue not only from the obligor’s paycheck or salary from work, but also tips, bonuses, commissions, workers’ compensation benefits, and lottery winnings. Obligors need to report all income so payments can be fairly calculated under the law.
Percent of net income paid for child support
Once net income is established, the following table is applied to calculate child support payments. Percent is based on the number of children residing with the custodial parent, with a maximum of 50 percent of net income paid for six or more children.
|Number of Children||1||2||3||4||5||6 or more|
|Percent of Income||20 percent||28 percent||32 percent||40 percent||45 percent||50 percent|
How long do I have to pay for child support in Illinois
Under the 2013 changes to child support payments in Illinois, most child support payments end when the child turns 18 or graduates from high school, whichever occurs later.
However, there are some situations where child support payments may be terminated before the age of 18. They include scenarios where the child:
- Joins the military;
- Is employed and no longer needs support from either parent; or
- Becomes emancipated.
While payments usually end when the dependent graduates high school, some situations may be unique and require an in-depth examination. Parents separating from their spouses or seeking support from the child’s other parent should strongly consider speaking to an experienced Illinois family law attorney in situations involving child support payments.
Illinois child support attorneys
Whether you are seeking child support or in a situation where your child’s other parent could be the recipient of child support, contact our experienced Illinois child support attorneys. The family law attorneys of Fay, Farrow & Associates P.C. have years of experience advising clients in their times of need and can help you with the same.