Child support payments are payments that are made from a noncustodial parent to a custodial parent in order to provide for the financial needs of a child or children. Common examples of financial needs of children that are covered by child support payments include, but may not be limited to:
- Food;
- Shelter;
- Medical care;
- Clothing; and
- Educational expenses.
Child support orders are usually included in divorce degrees, paternity judgments, or other lawsuits that affect the parent-child relationship. A child support order issued by a court will include:
- How much child support should be paid;
- When the payments should be made; and
- How often the payments should be made.
It is important to be aware that there is no standard amount or standard calculation for determining the amount of child support to be paid. In addition, child support laws as well as child support guidelines vary by state.
This means that child support orders will vary greatly by state.
What Is the Standard Child Support Percentage in Illinois?
Child support in Illinois is based upon a percentage of the net income of the non-custodial parent as well as the number of children the parent is responsible for supporting. The minimum percentages of net income include:
- 20% for one child;
- 25% for two children;
- 32% for three children;
- 40% for four children;
- 45% for five children; and
- 50% for six or more children.
If an individual’s income is very high, a court may set a lower percentage. For child support that is not paid within 30 days, an interest amount of 9% per year will be added.
How Is Child Support Calculated?
When a court is calculating the amount of child support, it will usually use a formula or guideline to ensure that the amount that is ordered is not arbitrary. There are no federal guidelines for awarding child support.
Because of this, each state uses its own factors and methods to determine the amount of child support that should be ordered. Factors that a state may consider when determining the amount of child support to order include:
- Specific needs of the child: The specific needs of the child, including their healthcare needs, education expenses, day care expenses, and any special needs are the main factor in determining the amount of child support;
- The purpose of child support is to ensure that a child of divorce is fully provided for and that the divorce or separation does not have a significant negative impact on them. Because of this, child support orders will be made in the child’s best interest;
- Gross monthly income of parents: The income of both parents as well as their ability to pay will be one of the greatest factors used in calculating and awarding child support;
- It is important to remember that a court may and will often use other factors, in addition to a parent’s monthly net resources when determining the amount of child support;
- Age and status of the child: Depending on the laws of the state, the age of a child may be considered when determining the amount of child support award;
- For example, some states allow for a parent to cease paying child support when a child reaches the age of majority or graduates high school;
- Other states, however, require that a child either graduate college, get married, or enlist in the military before a parent may stop making child support payments;
- In any state however, the emancipation of a child will typically cause a parent to no longer be obligated to support the child financially;
- Amount of children: A court will consider the amount of children that the paying parent is obligated to support from their current and past relationships; and
- The child’s standard of living prior to the separation or divorce: The court may consider the child’s standard of living prior to the parents separating;
Courts usually want to ensure that the child maintains the same standard of living after the divorce or separation. A court may modify a child support calculation in order to ensure that the divorce does not impact the previous standard of living of the child.
Courts typically use a formula that takes into account the monthly net resources of the paying parent. The court awarding child support will typically require that both parents submit a financial statement that includes the details regarding their monthly net resources and expenses.
Based upon the financial information of the parents in addition to the factors listed above, the court will calculate the amount of support to be paid. In addition to the child support order, the court will usually also create a visitation schedule and an order for child custody.
What Are Some Other Factors Used In Setting Child Support?
Family law courts are considered to be courts of equity. This means that these courts consider all relevant facts and circumstances when they are determining the most just and fair outcome of a case.
Examples of factors that are often taken into account by family courts include, but are not limited to:
- Support obligations for children from other relationships;
- Retirement contributions; and
- Required traveling for visitation with the child.
It is important to note that there are limitations on how often child support determinations may be modified. This time limit may vary by state, but is typically a few years.
Because of this, it is important to ensure that the child support arrangement is done correctly at the beginning.
What Is an Income-Withholding Order?
When a child support order is entered, a court will also issue an income-withholding order. An income-withholding order is a separate order that may be served on an employer of the parent in order to withhold the amount that the parent is required to pay.
What about the Child’s Education?
If it is necessary, a court may set aside a portion of the parent’s separate or joint assets in a separate trust or fund to be used for the support and education of the child.
Can the Child Support Order Be Modified?
Yes, it can be modified. Typically, child support will not be modified automatically.
In order to be modified, one of the parents will need to file a written request with the court to modify the child support order. The majority of states have forms that are available on their court’s website.
It is important to note that the court that made the original child support order may modify the order if the circumstances of one or the parents materially change. A material change is one that is relevant to their situation.
Either of the parents may file a request with the court to modify the order while the child is under 18 years of age. Circumstances that may be considered material include, but are not limited to:
- A significant increase or decrease in either of the parent’s incomes;
- The child is spending a lot more time with either parent;
- Circumstances have changed and the child now has special financial needs, for example, medical expenses or schooling; or
- The child is several years older than when child support was originally ordered.
Changes that are made to child support orders usually are not effective before the date that the modification petition was filed. This means that, even if an individual could not file the modification petition because of circumstances outside their control, a change to the support order would not be applied to the time before the petition was filed.
Because of this, a party should petition the court as soon as possible after experiencing a change in circumstances. Any changes that are made to the order will date back to when the petition was filed unless otherwise agreed upon by the parties.
Do I Need a Lawyer?
If you need to establish child support in Illinois, it is important to consult with an Illinois child support lawyer. Your lawyer can advise you of your options, how the state calculates support amounts, and help you throughout the process. Child support matters can be complex, but a qualified lawyer can inform you of your rights.
