When child support laws are complicated, it can be difficult for both custodial and non-custodial parents to understand their future needs and expenses, and that can be the case with Illinois child support laws. On the surface, the calculations appear to be simple, but a closer look reveals some elements that are less clear and may require a bit more expertise or the help of a child support attorney to sort through them.
Illinois Child Support Laws
The basic elements of Illinois child support laws include orders for non-custodial parents to pay a monthly sum based on these elements:
- The non-custodial parent’s net monthly income
- The number of children that require support
- The monthly cost of health insurance premiums for the child
- The amount of monthly child support and alimony paid by the non-custodial parent to former children or spouses
The greatest complication in this equation is the element of “net income.” It is not consistently defined in Illinois law, and judges have great leeway in how they calculate that amount and apply it to support orders. It may be defined as the total income from all sources after subtracting these elements:
- Federal and state income tax
- Social Security taxes
- Mandatory retirement contributions
- Union dues
- Health insurance premiums for the individual and their dependents
- Support or maintenance payments to former spouses or children
- Loan payments considered reasonable and necessary for the employment needs of the obligor
- Required medical expenses
- Reasonable expenses for the child
Case history shows that Illinois judges have made a wide variety of allowances concerning “net income” in child support cases.
Once the non-custodial parent’s net income and other factors are calculated, Illinois support law mandates that they pay a percentage of that income in child support according to these guidelines:
- 1 child – 20%
- 2 children – 28%
- 3 children – 32%
- 4 children – 40%
- 5 children – 45%
- 6 children or more – 50%
Child Support Modification
In addition, Illinois laws have seen few changes in recent years, making it difficult for courts to establish support orders that can be applied throughout the years in which child support is required, generally until eighteen or the child’s graduation from high school, whichever occurs later. In light of that fact, it is important for parents to know how to modify support orders when required.
Generally, support orders can be changed when circumstances change, such as income, expenses, geographical location, health insurance rates, and more. These changes should be made to child support orders in court, as verbal arguments can be forgotten, altered, ignored, or abused. However, such modifications can be a simple matter of parents agreeing to modification of support parameters and submitting a request to the court. If the agreement meets state standards, the judge will issue new orders. If the new agreement does not satisfy Illinois law, however, parents may be required to adjust their agreement to bring it into compliance with Illinois statutes.
Getting Legal Help with Child Support Orders in Illinois
When laws are complex and inflexible, such as those in Illinois, it can be even more important to have expert legal help in complying with those laws or modifying orders issued under those laws. Parents in Illinois who are in the process of establishing support agreements or modifying already existing ones should contact a child support attorney in Illinois to be sure they have their rights protected and they are in compliance with Illinois laws.
