Calculation of Illinois Child Support Obligation

By Nottage and Ward on February 1, 2013

Divorce is an emotional time, but even in the midst of all the stress, divorcing parents want what is best for their children. The divorce process can become contentious and the presence of children in a marriage should be enough to encourage both spouses to take the rational approach toward settling differences.

In Illinois, in order to establish a child support order, the non-custodial parent’s net income and the number of children he or she is responsible for determine the amount of child support. Under Illinois Statutory Guidelines 750 ILCS 5/505 Section 505, the minimum amount of child supported ordered is as follows:

• one child—20 percent of the non-custodial parent’s net income
• two children—28 percent of the non-custodial parent’s net income
• three children—32 percent of the non-custodial parent’s net income
• four children—40 percent of the non-custodial parent’s net income
• five children—45 percent of the non-custodial parent’s net income
• six or more children—half of the non-custodial parent’s net income

A parent’s net income equals the sum of income from all income sources. The following deductions may apply:

• FICA (Social Security)
• Federal and state income tax
• Dues for union membership
• Mandatory retirement contributions
• Health insurance premiums—both dependent and individual
• Prior support obligations paid pursuant to an administrative or court order
• Medical cost needed to preserve health or life
• Repayment of debt expenses needed in order for income to continue

The court determines in its order an amount it considers reasonable in each individual case if net income cannot be determined.

If you are considering divorce and you are worried about how your children will be financially cared for after the divorce, the dedicated Chicago child support attorneys at Nottage and Ward are committed to obtaining the best child support arrangement. For more than 20 years now we have put the needs of our clients and their children above all else. To learn more about how we’ve helped others resolve their family law matters, visit our Testimonials page.