How Is Child Support Calculated in Illinois?

Chicago Child Custody Attorneys

When parents divorce in Illinois, child support is determined by a formula that changed on July 1, 2017, when Public Act 99-764 amended the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Instead of the old method of relying on the net income of the non-custodial parent, there is now an income-share system that holds both parents accountable for child support based on how much they financially contributed to the combined household income while married.

If you are having issues with child support, it pays to seek legal assistance. The compassionate and experienced Illinois family law attorneys at Wolfe & Stec understand the stresses of divorce and recognize the concerns parents have for the well-being of their children.  We offer a free initial consultation to examine your individual situation and help come up with solutions that are best for you and your family.

You can reach our attorneys online or on the phone at 630-305-0222. Call today to set up a consultation and get the answers and representation you deserve. 

WHAT ARE CHILD SUPPORT OBLIGATIONS IN ILLINOIS?

Illinois parents must support a child until the child turns 18, or until 19 or graduation if the child is still attending high school full-time, or if a child is disabled and not capable of self-support. Judges may also order parents to help with the expenses of a child over 19 who is attending college.

Under the former law, the amount that the parent was required to pay in child support was based on that parent’s income and the number of children involved. The new “income shares” model for calculating Illinois child support bases the total amount of child support which the parents must pay on the combined net income of both parents. Once this number is determined, each parent’s share of the responsibility for providing that amount of child support is calculated.

To calculate child support, the courts consider the following:

  1. Basic Child Support Obligation – The combined value of child support owed by both parents together. This is then divided proportionally between the parents based on their individual contribution to the combined household net income.
  2. Additional Expenses – Other costs, such as child care and medical costs which are added on top of the basic child support obligation.
  3. Parenting Time – The amount of time the child spends with each parent.

In shared physical care situations, where each parent has the child for at least 146 overnights per year, the total child support obligation is multiplied by a factor of 1.5 and the time spent with the child is factored into the calculation. The more time the obligor parent spends with the child, the less that parent’s obligation will be.

Wolfe & Stec family law attorneys fight hard for our clients and are ready to fight for you. We have represented thousands of satisfied clients over the years. 

MODIFYING SUPPORT

The new law does not automatically change existing child support obligations. Parents must file a motion to modify child support and show a substantial change in circumstances, such as an increase or decrease in income of 20 percent or a change in expenses, geographical location, or health insurance rates. Parents must fill out a Certification of Income and Expenses form (HFS 2782) to verify ability to pay, financial balances, employment status and other information. ‍However, if the old child support obligation differs by more than 20 percent from the new guidelines, child support may be modified without showing this substantial change.

Parents can agree to modify child support and request that the court approve their proposed change.  If the change does not satisfy Illinois law, it must be adjusted.

If parents can’t agree on a modification, a judge will have to determine whether child support should be modified. The parent requesting the change will need to file legal paperwork asking a court to change child support and giving the reasons why.

WHAT TO DO IF YOU CAN’T PAY THE CALCULATED CHILD SUPPORT IN ILLINOIS

It is not uncommon for a parent to be unable to meet their child support obligations. When this occurs, there are ways the parent can seek to deal with the issue. However, the courts carefully scrutinize requests to reduce child support. A material change must occur before any order will be modified. For example, a parent who loses their job or experiences a significant pay cut can legally seek to modify their support or take some other action for relief.

1) Modify Your Support Order

If you are having problems making child support payments, seek to modify your existing support order in court and ask to have the support amount lowered. You are still responsible for the full amount of back child support.

2) Consider Filing for Bankruptcy

If you file for bankruptcy, there is an “automatic stay” that stops all foreclosures, garnishments, bank levies, and creditors from harassing you. However, the automatic stay does not apply to the collection of child support or alimony, so you will continue to be liable for support.

However, filing for bankruptcy can relieve the financial pressure in other areas and allow you to fulfill your child support payments.

If you cannot fulfill  your child support obligations and you do nothing about the issue, you can face all manner of legal consequences, including:

  • Wage garnishment
  • Loss of income tax refund
  • Suspension of driver’s license
  • Suspension of professional license
  • Frozen bank accounts
  • Credit reporting of unpaid child support
  • Denial of U.S. passport
  • Civil contempt of court charge.

If you do not pay child support for more than six months, or if you owe more than $5,000 in support, you can be arrested and charged criminally with a Class 4 felony, which carries a sentence of up to three years in a state prison, fines, and court costs.

CONTACT US FOR HELP AND A FREE CONSULTATION

Child support laws in Illinois can be complicated, and you will have to deal with the results for years to come. If you have questions about child support, contact an attorney to be sure your rights are protected. The skilled Illinois family law attorneys at Wolfe & Stec, Ltd. know the laws, the courts and the system and can guide you through the process.  We represent and advise clients in all types of child custody matters and have a long history of success.

Do you need guidance and representation in a child support matter? If so, Wolfe & Stec are ready to listen and fight for your needs. Call 630-305-0222 for a free consultation with a child support lawyer who cares about your future.

Attorney Natalie Stec

Natalie M. Stec, born and raised in Illinois, and earned her Bachelor of Science from the University of Illinois at Urbana-Champaign. Her practice has been concentrated in significant pre and post decree marital and family law cases; including custody, visitation, support, and paternity matters. She has important criminal defense experience in both misdemeanor and felony cases. She is a very dedicated and passionate litigator. [ Attorney Bio ]