Illinois Child Support Matters

In any divorce case that involves children, both parents presumably want what is best for their children. This is also true for the court, which determines child support based on statutory guidelines for what is deemed reasonable and necessary for the support of a child or children. The Illinois Marriage and Dissolution of Marriage Act guidelines are for minimum support: food; clothing; and, shelter. The guidelines do not include the cost of child care, pre-school, extracurricular activities, summer camps, medical expenses, private school, or college tuition. These items must be negotiated separately and approved by the court. The court may order that child support payments be made by one or both parents.

The experienced family law attorneys at Wayne and Jemilo are able to address all of our clients' child support concerns and needs. They negotiate all aspects of a child support agreement and ensure that your child receives proper support beyond the basic necessities. We represent men and women who need help:

  • Calculating the initial order for child support in cases of divorce or paternity / parentage;
  • Modifying an order for child support when a positive or negative financial change has occurred for either parent;
  • Enforcing child support payments; or,
  • Uncovering hidden income that one parent may not have disclosed.

Whether you need help with new child support matters, a modification to an existing support agreement, or enformcement of child support, contact our law office at (312)332-2919 to schedule a consultation.

Illinois Child Support Guidelines

Illinois child support payments are made for a child through the child's 18th birthday or until the child has graduated from high school, whichever is later. Child support payments can continue beyond 19 years of age for those who remain dependent due to an illness or special needs.

Unless it is otherwise demonstrated to the court as inappropriate or insufficient, the court uses the following guidelines when determining the minimum amount of child support required of a supporting parent:

  • 1 child: 20% of the supporting parent's net income;
  • 2 children: 28% of the supporting parent's net income;
  • 3 children: 32% of the supporting parent's net income;
  • 4 children: 40% of the supporting parent's net income;
  • 5 children: 45% of the supporting parent's net income; and,
  • 6 or more children: 50% of the supporting parent's income.

Net income is equal to the supporting parent's gross income minus federal taxes, Social Security and Medicare payments, mandatory retirement payments, union dues, healthcare insurance premiums, and other child support payments as determined appropriate by the court.

Beyond the Guidelines

For many families, this formula may be deemed inappropriate or insufficient. In determining the appropriate amount of child support,  the court can consider the following factors:

  • The child's standard of living had the marriage remained intact;
  • The child's medical needs;
  • Child care expenses;
  • Education, including private school and college;
  • Extracurricular activities; and,
  • Financial resources and any needs of the parents.

After considering these factors, the court can adjust the child support payment from the guidelines, deviating up or down.

Enforcement of Child Support Payments

Parents who are concerned about the timeliness of child support payments can choose to have payments withheld directly from the supporting parent's employer (wage garnishment). Otherwise, payments may be received from the Illinois State Disbursement Unit (ISDU) via direct deposit or an EPPICard.

Under the Revised Uniform Reciprocal Enforcement of Support Act (RURESA), once a child support order is issued, it is enforceable by family courts in all states. This means a parent cannot escape paying child support by moving to another state. Per RURESA, a parent who has the primary care of the child can collect support from the supporting parent who has moved by:

  • Registering the child support order in the county to which the supporting parent has moved; or,
  • Requesting the family court in his/her home state commence an action to enforce the support.

Even if you are experiencing difficulties receiving full and/or timely child support payments, you cannot deny parenting time because of failure to pay child support.

Dedicated to Optimal Results

At Wayne and Jemilo, our dedicated child support lawyers have years of experience handling divorce cases involving children and are committed to obtaining the best child support agreement for you and your children. We are dedicated to family law and hold the needs of our clients and their families above all else. Contact us today at (312) 332-2915 for a consultation. We look forward to addressing all of the concerns you may have.