FAMILY/DIVORCE LAW IS STATE LAW. THIS SITE GIVES YOU SOME GENERAL INFORMATION ABOUT WHAT HAPPENS IN FAMILY/DIVORCE CASES IN ILLINOIS. THE INFORMATION HERE IS NOT COMPLETE AND THE LAW IN STATES OTHER THAN ILLINOIS IS DIFFERENT.
In Illinois, parents who do not have custody of their minor children have a duty to pay support to the custodial parent for the minor child. This support payment is usually withheld the paycheck from the child support payer, and the amount of child support is set by statute. Child support and visitation are not related and are not interdependent on each other.
Child support is based upon the net income of the person who is to pay child support. Net income is defined as the gross income from all sources minus the following deductions:
A. Federal income tax;
B. State income tax;
C. Social Security (FICA)
D. Mandatory retirement contributions required by law or as a condition of employment;
E. Union dues;
F. Dependent and individual health/hospital insurance premiums;
G. Prior obligations or support or maintenance actually paid pursuant to a Court’s Order;
H. Expenditures for the repayment of debts that represent reasonable and necessary expenses for the production of income, medical expenditures necessary to preserve life or health, reasonable expenditures for the benefit of the child, and other, exclusive of gifts.
The court shall reduce net income in determining the minimum amount of support to be ordered only for the period that such payments are due and shall enter an Order containing provisions for itself excluding modification upon termination of such payment.
The minimum amount of support is determined by the following guidelines:
Number of Children Percent of Supporting Parties Net Income
6 or more 50%
The above guidelines shall be applied in each case unless the Court decides that it would be inappropriate to follow them. In determining whether or not deviate from the guidelines, the Court considers the following factors:
1. The financial resources needed by the child;
2. The financial resources and needs of the custodial parent;
3. The standard of living the child would have enjoyed had the marriage not have been dissolved;
4. The physical and emotional condition of the child and his educational needs;
5. The financial resources and needs of the non-custodial parent.
If the Court deviates from the guidelines, the court’s findings shall state the amount of support that would have been required under the guidelines if determinable. The court shall include the reason or reasons for the variance from the guidelines.
The court will also decide who will pay uncovered medical expenses for the minor children. These include, deductibles, co-pays, dental, orthodontic and eye care expenses. Some times the court orders one party to pay the entire amount, and other times it will be equitable divided between the parties.
The court will also determine who receives the income tax deduction for the minor children. The IRS presumes that the party who has custody of the minor children receives the deduction. However, the Court can award the deductions to either party in a divorce if it feels that awarding the deduction to the payer or payee would be fair.
To find out more about child support issues feel free to e-mail me or contact me by phone at (217)422-2280.