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Illinois Child Support -- Basic Law

Child support is money paid for the basic needs of the child, including food, clothing, and shelter.

The basic rule of thumb is that the non-custodial parent (the one not living with the child most of the time) will pay a percentage of net income for the care of the children to the other spouse.

First, "net income" for this purpose is defined as after-tax income from *all* sources - this means the support payor needs to add back in 401k contributions, pension contributions, and the like that are for the payor's benefit only. The payor does get credit for health insurance payments made for the child though.

Second, the percentages owed are basically as follows: 1 child = 20%; 2 children = 28%; 3 children = 32%, and so on. These are *minimum* guidelines, but the courts and divorce attorneys follow these fairly closely in most cases. The circumstances may call for a decrease or increase from these numbers, but those cases are uncommon.

Child support is payable until each child reaches age 18 or the end of high school typically, whichever happens last.

The support is paid every pay period (and can be withheld from paychecks automatically) to the other parent. No - you can't control what your spouse does with the money - you just need to have faith that the money will be spent properly. You have to remember that the other parent will have to spend money for food and shelter, as well as clothing for your child.

If the paying parent has an increase in income over 10%, the other parent can seek an increase in child support. You need to go to court to do this (but the parents could agree on the increase and enter an agreed court order, saving a good deal of hassle and expense).

Similarly, if the paying parent has a job loss or substantial decrease in income, that party can ask the court for a reduction in support.

Please remember that the support obligation only begins when someone gets a *court order*. Without an order, no one owes any support. (Sometimes back support may be owed depending on the circumstances). Also, you can't withhold support without a court order *no matter what* your ex is doing (withholding visitation, etc.).

Also, every unpaid support payment is considered an independent judgment against the paying parent--this means *every* individual missed payment accrues its own interest--at 9% per year. This can really add up over time. Also if a parent fails to pay support and forces the other parent to go to court for relief, the party forced to go to court can get the non paying parent to pay their attorney's fees. So in short--pay the support. It's a lot cheaper in the long run, and you owe it to your kids. If you have a problem like losing your job, an injury keeping you off of work, et cetera, contact our firm or another divorce lawyer in your state ASAP so we can file a petition with the Court right away. Your reduction will only date back to the date you file the petition--not the date you lost your job or got hurt.

We are a firm with a concentration in family/divorce law in the northwest Chicago suburbs, serving Cook, Lake, McHenry, Kane, DuPage, and Will Counties.

Please call attorney Raiford Palmer at 630.434.0400 Ext. 165 for a free consultation.

posted by Raiford Palmer at 9:08 PM

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