Parents in Illinois have a legal responsibility to provide for the financial well-being of their children. Generally, the parent receiving the majority of the parenting time with the children receives child support from the other parent. Once a child support order has been issued, a modification will only be made under certain circumstances, and payments must be made as detailed in the order so as to avoid legal and financial consequences.
How Child Support is Determined
Calculating Child Support depends on the number of children born or adopted to the parents. The required minimum guidelines for support are as follows:
- 1 child: 20% of the supporting party’s net income
- 2 children: 28% of the supporting party’s net income
- 3 children: 32% of the supporting party’s net income
- 4 children: 40% of the supporting party’s net income
- 5 children: 45% of the supporting party’s net income
- 6 or more children: 50% of the supporting party’s net income
A court may deviate from these percentages based upon several factors. These factors include the financial resources and needs of the child; the financial resources and needs of the parents; the standard of living the child would have enjoyed had the marriage not dissolved; the physical, mental, and emotional needs of the child; and the educational needs of the child.
In addition, a court may order one or both parents to contribute to expenses pertaining to the children. These expenses include health needs that are not covered by insurance, education, extracurricular activities, and daycare.
Requesting Child Support in Illinois
In Illinois, you must file a Petition for Child Support in the county in which you live during your divorce or parentage proceedings. Your spouse must be properly notified of your request for child support. Next, you will present your case before the court at which time the judge may issue an order. The child support order will detail which parent is responsible for child support payments, how frequently the payments are to be made, the amount of payments, how payments will be made, when payments will terminate, and the penalty that will be assessed if a payment is late.
Child support payments typically terminate when the child turns 18 years old or graduates from high school. However, child support may be granted beyond the age of 18 or graduation from high school if the child attends college or trade schools.
Contact Taege Law Offices Today
Requesting child support, understanding your obligation to pay child support, understanding your child support order, or how to modify an existing support order can be confusing. If you do not understand your rights or the process, you may put yourself and your child in financial jeopardy. At Taege Law Offices, our experienced family law attorneys can help you ensure your rights are protected. Contact us today at (312) 228-5800 to schedule a free consultation about our services and your rights regarding child support.