How Is Child Support Calculated in an Illinois Divorce?

 Posted on April 30, 2019 in Divorce

Divorcing when you and your spouse have children can be much more difficult than if you did not have children. In addition to worrying about your own feelings about the divorce and your well-being, you also have to worry about how the divorce will affect your children. In addition, there are a few more issues you will have to tackle before you can finalize your divorce, such as your children’s living arrangements, your parenting time schedules, and child support. In Illinois, courts can order one or both parents to provide financial support for a child until the child reaches the age of 18 or they graduate high school, whichever comes later. There is quite a bit that goes into the calculation of child support, so it is important to understand how these obligations are determined.

Determining the Basic Child Support Obligation

The state of Illinois calculates child support using an “income shares” model. This means that the amount of support each parent owes the child is based on his or her income and the percentage of the total household income he or she provides. First, a Gross to Net Income Conversion Table provided by the Illinois Department of Healthcare and Family services is used to determine each spouse’s net income. Next, those values will be added together to find the combined net monthly household income.

An Income Shares Schedule will then be used to determine the basic support obligation amount based on the parents’ combined net income and the number of children. The amount of this obligation will be split between the two parents, depending on each parent’s contribution to the monthly household income. Typically, the non-custodial parent will pay their portion of the obligation to the custodial parent, and it will be presumed that the custodial parent will be directly using their portion of the obligation to provide for their children’s needs.

Other Expenses

In addition to the basic support obligation, the state of Illinois may also require parents to contribute to other expenses necessary to provide for children’s needs. These expenses include childcare, extracurricular activities, and health insurance premiums, and they will also be divided between parents depending on each parent’s contribution to the monthly household income.

An Example Case

For an example of how child support is calculated, suppose that two parents named Michael and Kate are getting a divorce. They have three children together who will all be residing with Kate for most of the year because of the demands of Michael’s job. Michael’s net monthly income is $9,155, and Kate’s net monthly income is $6,255, which means the combined net monthly income for the household is $15,410. According to the Income Shares Schedule, the monthly basic support obligation for three children at that income level is $3,236. Since Kate’s income is 40.6 percent of the household income, and Michael’s income is 59.4 percent, this means Kate’s monthly support amount will be $1,313.82 and Michael’s will be $1,922.18. Since Kate is the custodial parent, Michael will pay child support in the amount of $1,922.18 to Kate each month.

Have Questions About Calculating Child Support? A Will County Divorce Lawyer Can Help

Child support can be a contentious issue to resolve, but it is important to ensure that children’s needs will be met. At Wakenight & Associates, P.C., we understand that you have a lot of things on your mind during your divorce, and we can help alleviate your concerns by ensuring that your child support obligations are calculated correctly. Our knowledgeable Orland Park, IL child support attorneys have more than 95 years of combined experience and will ensure that your children get the financial support they deserve. To schedule a free consultation, call our office today at 815-727-6144.

Sources:

http://ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

https://www.illinois.gov/hfs/SiteCollectionDocuments/GrosstoNetIncomeConversionTableUsingStandardizedTaxAmounts.pdf

https://www.illinois.gov/hfs/SiteCollectionDocuments/IncomeSharesScheduleBasedonNetIncome.pdf