A child has a legal right to receive child support from both parents. Child support is the amount of money a non-custodial parent must to pay for their child until he or she turns 18 years old. In Illinois, the child support amount will be based upon a parent's income and number of children. The court will use a set of guidelines (PDF) to determine how much a parent will have to pay.
Here's a summary of Illinois's support guidelines and requirements.
What Guidelines Will the Judge Follow to Determine Child Support?
Child support is a complicated calculation. This is only a guideline and every case is unique and different. Typically, a judge will follow these guidelines:
What Is "Net Income" in Illinois?
A parent's net income includes any of the following:
What Isn't Included in the Calculation?
The court will also base the support order on how much time the parent spends with the child. The court will calculate the number of hours a parent physically spends with their child. Basically, the less time a parent spends with a child, the more he or she may be ordered to pay in child support.
What Expenses Can an Illinois Judge Include in the Support Order?
Child support will include financial support for basic needs such as food and clothing. It will also include housing, transportation, activities, and medical care costs. The non-custodial parent can also be responsible for daycare, extracurricular activities, private school expenses and medical expenses not covered by insurance.
When Does a Parent's Support Obligation End?
Most support obligations end when the child turns 18 years old. However, it can also end if the child becomes "emancipated." This means that:
|Code Section||750 ILCS 5/505|
|Who is Responsible?||Both parents.|
|How Support is Calculated?||Family Code Section 154.125.|
|Factors||"Net income" and time spent with the child.|
|What is Included in a Support Order?||Monetary support (food, clothing, & shelter), health insurance, basic education expenses. Also might include child care, unpaid medical bills, visitation travel costs, and extracurricular activities.|
|How Long Must a Parent Pay Child Support?||Until the child is 18 years old. Support will end if the child becomes emancipated.|
At the discretion of the judge. Can include:
Get a Free Initial Case Review
Setting the appropriate amount for child support is a critical step in ensuring that parents are fulfilling their child-rearing duties. Illinois' child support guidelines help to fulfill that goal. However, you might need help in understanding how these guidelines work. If you are a parent who wants more information, then you should talk to a family law attorney who can give a free case review.
Contact a qualified attorney.