What are the Illinois child support guidelines?
To establish a child support order in Illinois, the amount of child support considered for the order depends on the non-custodial parent’s net income and the number of children for which he or she is responsible.
Illinois Statutory Guidelines (750 ILCS 5/505 Sec. 505)
Number of Children
- 1 child: 20% of supporting party’s net income
- 2 children: 28% of supporting party’s net income
- 3 children: 32% of supporting party’s net income
- 4 children: 40% of supporting party’s net income
- 5 children: 45% of supporting party’s net income
- 6 or more: 50% of supporting party’s net income
The guidelines above are applied to each case unless the court makes a finding that the amount determined in the guidelines would be inappropriate after considering the best interests of the child. Relevant factors for deviations may include but are not limited to:
- The financial resources and needs of the child(ren)
- The financial resources and needs of the custodial parent
- Standard of living the child(ren) would have enjoyed had the marriage not been dissolved, the separation not occurred, or if the parties had married
- The physical and emotional condition of the child(ren) and their educational needs; and
- The financial resources and needs of the non-custodial parent.
What is considered net income?
This is set forth in the Illinois Marriage and Dissolution of Marriage Act:
“Net income” is defined as the total of all income from all sources, minus the following deductions:
- Federal income tax (properly calculated withholding or estimated payments);
- State income tax (properly calculated withholding or estimated payments);
- Social Security (FICA payments);
- Mandatory retirement contributions required by law or as a condition of employment;
- Union dues;
- Dependent and individual health/hospitalization insurance premiums and life insurance premiums for life insurance ordered by the court to reasonably secure child support or support ordered pursuant to Section 513, any such order to entail provisions on which the parties agree or, otherwise, in accordance with the limitations set forth in subsection 504(f)(1) and (2);
- Prior obligations of support or maintenance actually paid pursuant to a court order;
- Expenditures for 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 the other parent, 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 its self-executing modification upon termination of such payment period;
- Foster care payments paid by the Department of Children and Family Services for providing licensed foster care to a foster child. 750 ILCS 5/505(a)(3).
But note these percentages of net income are only “guidelines.” The Court may deviate, up or down, from the guidelines whenever it is in the best interest of the child. Again, the Illinois Marriage and Dissolution of Marriage Act provides factors which the law considers relevant.
How to calculate child support obligation in Illinois? Click here.
Contact an Illinois Child & Spousal Support Attorney
Working through a child support dispute? Contact the Chicago child support attorneys at The Walters Law Group, Ltd., in Palos Park and Chicago at 708-361-9700 / 312-806-6700 or email us.