Child Support is intended to provide financial support for minor children during and after Dissolution of Marriage or Dissolution of a Civil Union proceedings, and during and after a Parentage proceeding. The formula is the same no matter which type of proceeding is involved. Child support is paid by the “non-custodial” parent to the “custodial parent”.
It is a common misconception that if you agree to joint custody that no child support is paid by either parent to the other, and that time with the children is shared equally. Usually, the child or children live primarily with one parent and there is a parenting schedule with the other parent, whether it is called sole custody or joint custody. Therefore, in the vast majority of cases, child support will be ordered.
Chicago Child Support Attorney
Child support is required until each child reaches the age of 18 and graduates high school. This means support can extend beyond the age of 18 if that child has not yet graduated from high school, but not after the age of 19. Contributing to higher educational expenses, such as college, university or vocational school, is not the same as child support and is dealt with separately in the statute.
The amount of child support is determined based on a formula in the Illinois Marriage and Dissolution of Marriage Act. A percentage of net income is paid depending on the number of minor children to be supported: 20% for one child, 28% for two children, 32% for three children, 40% for four children, 45% for five children and 50% for six or more children. Net income is specifically defined in the statute. The statute also allows for support to be set above or below the guidelines, such as for a special needs child or with incomes at the high and low end of the spectrum. Child support is also meant to maintain the standard of living the child or children would have experienced had there been no divorce or separation of the parents. Contribution to out-of-pocket child care expenses, medical expenses and the cost of extra-curricular activities can also be ordered over and above the amount of child support.
Attorney Nettie Sabin
If you are likely to be ordered to pay child support, Nettie F. Sabin will make sure all of the allowed deductions are taken so that child support is set on the correct amount of net income. If you will be receiving child support, Nettie F. Sabin will be sure only the proper deductions are taken so that you receive the correct amount of support.
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Contact Nettie F. Sabin for a free consultation about child support or any other divorce or family law related question by using our online form or by calling 773-463-4747.