ILLINOIS CHILD SUPPORT
Illinois child support is complicated. If you are looking for a Chicago divorce attorney who will represent your interests and can explain the law regarding the Illinois child support, please contact attorney Brian J. Thompson.
In Illinois, the party that is not awarded residential custody or physical custody is known as the “non-custodial parent.” The non-custodial parent generally pays child support to the custodial parent. The child support obligation is based on the non-custodial parent’s “net income.” “Net income” is defined as all income from all sources, minus certain deductions including, but not limited to, federal income tax, state income tax, Social Security, mandatory retirement contributions, union dues, health insurance premiums, prior obligations of support or maintenance actually paid pursuant to a court order. Voluntary contributions to a 401(k) are not deducted. The term “child” means any child under age 18 and any child under age 19 who is still attending high school.
The Court usually sets the minimum amount of child support by using the following guidelines:
Number of Children Percent of Supporting Party’s “Net Income”
1 – 20%
2 – 28%
3 – 32%
4 – 40%
5 – 45%
6 – 50%
Prior to July 1, 2017, the Court applied these guidelines unless it found application of the guidelines is inappropriate, after considering the best interests of the child in light of evidence including but not limited to one or more of the following relevant factors:
(a) the financial resources and needs of the child;
(b) the financial resources and needs of the custodial parent;
(c) the standard of living the child would have enjoyed had the marriage not been dissolved;
(d) the physical and emotional condition of the child, and his educational needs; and
(e) the financial resources and needs of the non-custodial parent.
As of July 1, 2017, Illinois adopted the Income Shares Model to calculate child support. If you are looking for a divorce lawyer in Chicago are who can explain your rights and duties regarding Illinois child support, please contact my office.
What to do if you are the parent paying child support and you lose your job? How do you change your child support payment? You cannot unilaterally change your child support obligation – instead, you must file a motion with the court to reduce your child support payments. Illinois law allows for a change in child support based upon a “substantial change of circumstances.”
THE EMPLOYER-PENALTY FOR FAILURE TO WITHHOLD OR PAY CHILD SUPPORT
The Illinois Income Withholding for Support Act requires a payor (employer) who has been served with an income withholding notice to deduct the requisite amount of support shall deduct the amount designated no later than 14 days and pay it over to the State Disbursement Unit with 7 business days after the date the amount would have been paid to the obligor. 750 ILCS 28/35 (a). If the employer knowingly fails to withhold or pay any amount withheld within the statutory time period, it shall pay a penalty of $100 for each day that the withheld amount is not paid. A separate violation occurs each time and the penalty is calculated by multiplying $100 by the aggregrate number of days. Grams v. Autozone, Inc., 319 Ill.App.3d 567 (3d Dist. 2001).