Attorney Blog about Divorce, Family Law, Maintenance, Child Support, Custody, Parenting Time, Visitation, Mediation, Lawyers

By: tompmiller | September 12, 2018

Obviously, child support is money paid for the support of a child. Generally, it is for the support of a minor child. In Illinois, child support is due until the child is 18 years of age and has graduated high school, but not past the age of 19. Child support can be cut off earlier by emancipation events, which will be discussed in another blog.

Child support is for all of the child’s needs, except for the following, which are contributed to in addition to child support payments.

Daycare: cost of daycare necessitated by the parents’ work/schooling is generally not included in child support. Typically, the parties must contribute to daycare expenses in proportion to their incomes.

School Fees: generally, public school fees are not included i...

By: tompmiller | November 06, 2017

As of July 1, 2017, courts across Illinois have been calculating child support in a completed different way than they have for decades. No longer is child support a straight percentage of the non-custodial parent's net income. To determine child support, we have to know how much each parent earns and how many overnights each parent has with their child(ren).

The Illinois Department of Healthcare and Family Services (HFS) comes up with amounts that a child costs to raise, depending on the parents' total incomes. HFS also creates an online calculator to determine child support. As long as you are willing to use the standard tax rates assumed by the calculator, you can plug in both parties' incomes to receive the rate of child support.

However, ...

By: tompmiller | June 21, 2017

Effective July 1, 2017, Illinois will move to an Income Shares method of calculating child support. This means that the old method of calculating the non-custodial parent's net income and requiring that parent to pay child support of 20% of that net income for one child, 28% for 2 children, 32% for 3 children, etc., will no long apply. Instead, child support will be calculated under the new method.

First, lets assume a "standard" arrangement: there is a minor child who will primarily reside with one parent and the other parent will have parenting time that is substantially less than the "residential" parent's time with the child. The non-residential parent will pay child support to the residential parent based on both par...

By: tompmiller | April 10, 2016

Child support in Illinois is typically paid by the non-custodial parent (the parent not residing with the child or children) to the custodial parent (the parent residing with the children). The payor (parent paying) pays a percentage of his or her income based on the number of children:

1 child = 20%
2 children = 28%
3 children = 32%
4 children = 40%
5 children = 45%
6 or more children = 50%

Net income is income from all sources minus federal and state taxes paid, health insurance premiums and mandatory retirement contributions. There are other factors, especially for those that are self-employed or own their own businesses, but this is generally the rule for most payors.

Unless the parties agreed or the court ordered otherwise (which is unusual), ...