How is Child Support Calculated in Illinois? 

 Posted on November 02, 2021 in Child Support

Even parents with the best intentions may find the prospect of paying child support daunting. In addition to the likelihood of not having your children with you all the time like you did when you were married, child support payments can place a substantial emotional burden on a parent - to say nothing of the financial burden. Support that was freely given to a child must now be quantified and paid to a spouse following a divorce, and the penalties for not paying are significant. 

Understanding how child support is calculated in Illinois and when parents have grounds for modifying child support payments may provide some level of comfort and predictability. 

What Factors Determine Child Support Payments? 

Illinois requires both parents to support their children financially. As such, child support payments are calculated using a formula that combines the incomes of both parents, determines what percent of the combined income each parent earns, and then allocates child support according to that percentage. The parent with the majority of parenting time receives child support and the parent with less parenting time pays child support. The formula upon which judges generally base child support payments is called the Income Shares Schedule, and parents can use it to get an estimate of what their payments might be. When necessary, judges have the power to deviate from the Income Shares Schedule to accommodate individual situations. 

Do I Have to Pay Child Support if I Lose My Job? 

As with most issues related to divorce, it depends. Parents who are facing a substantial change in circumstances, whether for better or worse, may petition a court for spousal support modificatoin. But until a parent has permission from a court to modify child support payments, he or she must continue to pay under threat of child support enforcement consequences, such as being held in contempt of court, fines, or even jail time. Illinois judges do not look kindly upon a parent who fails to find adequate employment in an effort to avoid paying child support. 

Get Help From an Experienced Wheaton, IL Child Support Attorney

Trying to estimate your future child support payments can be daunting, but the experienced DuPage County child support lawyers with The Stogsdill Law Firm, P.C. can make the process simple and straightforward. We will explain likely outcomes so you know what to expect and work hard to position you for a favorable outcome. Schedule a confidential consultation by calling our offices today at 630-462-9500. 

Sources:

https://www2.illinois.gov/hfs/SiteCollectionDocuments/IncomeSharesScheduleBasedonNetIncome.pdf 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000