Child support under Illinois law

Serving Waukegan, Libertyville, Lake County, Gurnee & nearby areas of Illinois

Child support is one of the essential components of divorce proceedings in Illinois, and one of the reasons for seeking the representation of an experienced family law and child support lawyer. In Illinois, child support is the legal right of a child, not a parent, to support. As such, neither a parent nor his or her lawyer may waive child support. In Illinois, Judges are very diligent in ensuring that the appropriate amount of child support is set in dissolution cases.

In Illinois, supporting a minor/dependant child is an obligation of both parents. Generally speaking, the parent with residential care of a child is supporting the child by providing shelter, food, clothing, schooling, medical and related needs for the child. The parent with whom the child visits pays a percentage of his or her income to the residential parent toward the support of the child. In Illinois, the legislature has set forth a minimum statutory guideline for payment of child support based upon the number of children a couple is supporting. The guidelines are as follows:

1 Child..................................20% of net income

2 Children.............................28% of net income

3 Children.............................32% of net income

4 Children.............................40% of net income

5 Children.............................45% of net income

6 Children.............................50% of net income

A court may deviate above or below these guidelines upon the showing of a need for such a deviation. Some of the factors a Court may consider in deviating from the guidelines include:

The financial resources and needs of the child
The financial resources and needs of the custodial parent
The standard of living the child would have enjoyed had the marriage not been dissolved
The physical and emotional condition of the child and the child's educational needs
The financial resources and needs of the non-custodial parent
A lawyer is in the best position to make the case either for or against deviation from statutory guidelines. In some circumstances, a court may set aside portions of the marital property to be held in trust for the child, in place of or in addition to regular child support payments from one parent to another. Child support is separate from, but in some circumstances related to, alimony or spousal maintenance, and your lawyer will make sure it is accounted for during the negotiation of settlement terms.
If you find yourself facing the complications of a divorce in Chicago, Lake County, or Waukegan Illinois, contact our experienced child support lawyers.