If you are going through a divorce in Illinois and have children, one of the most important issues you will have to negotiate with your spouse is who will get custody of the children. This factor can also determine which parent will be paying child support.
In many child custody cases, the non-custodial parent (payor) is ordered to pay the custodial parent (payee) child support payments. This support is in place to help pay for the basic needs of the child, such as shelter, food, and clothing. Oftentimes, a child support ruling does not include payment for other expenses, such as medical costs, extra-curricular activities, childcare, or education expenses. However, these other expenses can be negotiated between the parents during or after a child custody/support case and presented to the court for approval.
In Illinois, the amount of child support paid is based on how many children the couple has together and the payor’s net income. The net income is determined by subtracting certain expenses from the payor’s gross income. These expenses include:
- Federal and state income tax payments;
- Social Security (FICA) deductions;
- Union dues;
- Medical insurance premiums;
- Mandatory retirement contributions;
- Court-ordered life insurance premiums for support obligations; and
- Prior court-ordered obligations paid by the payor.
The current Illinois child support guidelines are as follows:
- One child = 20 percent of payor’s income.
- Two children = 28 percent of payor’s income.
- Three children = 32 percent of payor’s income.
- Four children = 40 percent of payor’s income.
- Five children = 45 percent of payor’s income.
- Six or more children = 50 percent of payor’s income.
Once the court has determined the amount of child support the non-custodial parent must pay, a Uniform Order for Support will be entered. This order stipulates the amount the payment will be, as well as how often the payment will be made. Child support payments can be made weekly, bi-weekly, bi-monthly or monthly, depending on the court’s final decision.
The order will also stipulate whether or not the payor will compensate the payee directly or whether the payments will be automatically deducted from the payor’s wages. Additionally, there is a determination of how long payments will be made and what the penalty is for failing to meet child support obligations. The court also has the option to order the Illinois State Disbursement Unit (ISDU) to oversee the payments. In this case, the payments would go directly to the ISDU, which then disburses the funds to the payee.
If you are facing a child support case, contact an experienced Orland Park divorce attorney to help you get the support both you and your child are entitled to by law. Call Kezy & Associates today at 708-518-8200 to schedule a free consultation with a qualified lawyer.