How is Child Support Calculated in an Illinois Divorce? | IL Child Support Calculator

Navigating a divorce can be a complex and emotional process, especially when children are involved. One of the most crucial aspects of any divorce involving children is determining child support. In Illinois, child support calculations follow specific guidelines to ensure that the financial needs of the children are met appropriately. This article will delve into how child support is calculated in an Illinois divorce, providing clarity and guidance for those going through this challenging process.

If you are contemplating or going through a divorce in Rockford or the surrounding communities and you have questions regarding child support, we invite you to call our office at 815-904-6246 to schedule a free consultation with experienced Rockford child support lawyer Jim Teeter to learn more about your legal rights and options.

Understanding Child Support in Illinois

Child support is a legal obligation of a parent to contribute financially to the upbringing and welfare of their child. In Illinois, child support is typically calculated based on the income shares model. This model estimates the amount of support a child would have received if the parents were still together and divides this amount proportionally between the parents based on their respective incomes.

The Illinois Child Support Guidelines

Illinois uses its own set of guidelines to ensure consistent and fair child support orders. These guidelines employ a formula that takes various factors into account to determine the appropriate child support amount. Here’s a step-by-step outline of how the calculation works in Illinois:

Determine Each Parent’s Gross Income

• Add together all sources of income for each parent.
  • This includes wages, salaries, bonuses, commissions, and other earnings. Additionally, it encompasses income from investments, rental properties, and other sources.

Apply Adjustments to Income

• Deduct any pre-existing support obligations or other allowable expenses.
  • This can include existing child support payments for children from previous relationships, spousal maintenance payments, and other legally mandated deductions.

Calculate Combined Adjusted Income

• Combine the adjusted incomes of both parents to determine the total family income.
  • This total adjusted income is used as the basis for calculating the child support obligation.

Determine the Basic Child Support Obligation

• Use the Illinois Child Support Guidelines chart to find the basic child support obligation based on the combined adjusted income and the number of children.
  • The guidelines provide a predetermined percentage of the combined income that should be allocated for child support, which varies depending on the number of children involved.

Allocate Support Between Parents

• Divide the basic child support obligation proportionally based on each parent’s share of the combined income.
  • Each parent’s contribution to the child support obligation is proportional to their share of the total combined income.

Adjust for Parenting Time

• Consider the number of overnights each parent has with the child to adjust the support amount.
  • If the non-custodial parent has significant parenting time (defined as at least 146 overnights per year), the child support obligation may be adjusted accordingly to reflect the shared parenting responsibilities.

How Much is Basic Child Support in Illinois?

In Illinois, the basic child support obligation is calculated using the Income Shares Model, which considers the combined income of both parents and the number of children requiring support. The Illinois Child Support Guidelines provide a predetermined percentage of the combined income that should be allocated for child support. Here’s a general breakdown based on the number of children:

One Child

For one child, the basic child support obligation is generally set at 20% of the combined adjusted income of both parents.

Two Children

For two children, the basic child support obligation increases to 28% of the combined adjusted income.

Three Children

For three children, the basic child support obligation is set at 32% of the combined adjusted income.

Four Children

For four children, the basic child support obligation is 40% of the combined adjusted income.

Five Children

For five children, the basic child support obligation is 45% of the combined adjusted income.

Six or More Children

For six or more children, the basic child support obligation is set at 50% of the combined adjusted income.

Example Calculation

To illustrate, let’s assume the combined adjusted monthly income of both parents is $5,000. Here’s how the child support obligation would be calculated based on the number of children:

• One Child: 20% of $5,000 = $1,000 per month
• Two Children: 28% of $5,000 = $1,400 per month
• Three Children: 32% of $5,000 = $1,600 per month
• Four Children: 40% of $5,000 = $2,000 per month
• Five Children: 45% of $5,000 = $2,250 per month
• Six or More Children: 50% of $5,000 = $2,500 per month

Adjustments and Additional Costs

While the percentages provide a general idea of the basic child support obligation, it’s important to note that additional factors can influence the final amount. Adjustments may be made for:

• Health Insurance Costs: The cost of providing health insurance for the child is typically added to the basic support obligation.
• Childcare Expenses: Necessary childcare costs are also factored into the total child support obligation.
• Parenting Time: If the non-custodial parent has significant parenting time, this may reduce their child support obligation.

How Is Child Support Enforced in Illinois?

Enforcing child support is crucial to ensuring that the child’s financial needs are consistently met. Illinois has several mechanisms in place to enforce child support orders:

• Income Withholding
  • The most common method of enforcing child support is through income withholding. This means that child support payments are automatically deducted from the non-custodial parent’s wages or other income sources.
• Contempt of Court
  • If a parent fails to pay child support, they can be held in contempt of court. This may result in fines, jail time, or other penalties designed to compel compliance with the court order.
• Interception of Tax Refunds
  • Illinois can intercept federal and state tax refunds to cover unpaid child support. This ensures that funds owed to the custodial parent are collected directly from tax returns.
• Suspension of Licenses
  • The state can suspend various licenses, including driver’s licenses, professional licenses, and recreational licenses, if a parent fails to pay child support.
• Liens on Property
  • Liens can be placed on the property of the non-custodial parent, including real estate and personal property, to secure payment of overdue child support.
• Passport Denial
  • The federal government can deny passport applications or renewals for individuals who owe significant amounts of child support, limiting their ability to travel internationally.
• Credit Reporting
  • Unpaid child support can be reported to credit bureaus, negatively impacting the non-custodial parent’s credit score and making it more difficult for them to obtain loans or other forms of credit.
• Criminal Prosecution
  • In severe cases, failure to pay child support can result in criminal charges. This typically occurs when other enforcement methods have failed, and the non-custodial parent has shown a blatant disregard for the court order.

Can Child Support Orders Be Modified in Illinois?

Yes, child support orders can be modified if there is a substantial change in circumstances, such as a significant change in income, changes in the child’s needs, or changes in parenting time arrangements.

As a child support modification lawyer, James Teeter can petition the court when a substantial change in circumstances occurs. Call our office to learn more about the situations that may give rise to a child support modification.

How Long Does Child Support Last in Illinois?

In Illinois, child support typically lasts until the child turns 18 or graduates from high school, whichever occurs later. If the child turns 18 while still in high school, the support obligation continues until the child graduates or turns 19, whichever comes first.

Special Circumstances for Ongoing Child Support

There are several special circumstances where child support may continue beyond the standard duration:

• Disabled Children
  • If a child is physically or mentally disabled and unable to support themselves, child support may continue indefinitely. This ensures that the child receives the necessary financial support for their ongoing care and needs.
• Post-Secondary Education
  • Illinois courts may order parents to contribute to their child’s college or vocational education expenses. This can include tuition, books, living expenses, and other related costs. The support for post-secondary education typically continues until the child obtains a degree or completes the educational program.
• Parental Agreement
  • In some cases, parents may agree to extend child support beyond the standard termination date as part of their divorce or separation agreement. This agreement can be formalized in the court order.

Termination of Child Support

Child support obligations in Illinois terminate under the following conditions:

• Child Turns 18 and Graduates High School
  • As mentioned, the standard termination point is when the child turns 18 or graduates from high school, whichever is later. If the child is not attending high school, support ends at 18.
• Emancipation
  • If a child becomes emancipated before turning 18, child support may end. Emancipation can occur if the child gets married, joins the military, or becomes financially independent and self-supporting.
• Parental Agreement or Court Order
  • Child support may also end earlier if both parents agree and obtain a court order reflecting this agreement.

Do I Have to Pay Child Support if I Lose My Job?

If a parent loses their job or experiences a significant decrease in income, they can request a modification of the child support order. It’s important to file for a modification as soon as possible to avoid accumulating arrears.

Using the Free Illinois Child Support Calculator

To help parents estimate their potential child support obligations, Rockford Family Law offers a free child support estimate calculator. This tool provides an easy way to input relevant information and receive an estimate of the child support amount based on Illinois guidelines. Please note that while this calculator provides a useful estimate, it does not replace the need for legal advice or a court order.

Illinois Divorce & Child Support FAQs

Can Child Support Be Waived in Illinois?

Child support is considered a right of the child and cannot be waived by the parents. The court will always ensure that the child’s best interests are met.

What Happens if Child Support is Not Paid in Illinois?

Illinois enforces child support orders through various means, including wage garnishment, intercepting tax refunds, and suspending licenses.

How Does Child Support Impact Taxes in Illinois?

Child support can significantly impact the financial landscape for both the parent who receives it and the one who pays it. In Illinois, as in many other states, understanding the tax laws surrounding child support is crucial for effective financial management.

For the Receiving Parent

Tax Exemption and Reporting

• Non-Taxable Income: Child support payments received by a parent are not considered taxable income by the Internal Revenue Service (IRS). This means that you do not need to declare child support as income on your federal or state tax returns.
• Use of Funds: Although child support is non-taxable, how you use the funds can have tax implications. For example, using child support money for medical expenses might affect your ability to deduct those expenses from your taxes.
• Child-Related Deductions and Credits: The receiving parent typically claims the child as a dependent, which can allow access to various tax credits such as the Child Tax Credit, Earned Income Tax Credit, and dependent care credits, assuming other IRS criteria are met. These credits can significantly reduce your tax liability.

For the Paying Parent

Tax Obligations and Deductions

• Non-Deductible Payments: Unlike alimony, child support payments are not tax-deductible for the paying parent. This means you cannot reduce your taxable income by the amount of child support paid, directly impacting your net income and tax liabilities.
• Legal Fees: Legal expenses incurred to obtain or enforce a child support order are not deductible. This includes attorney fees and related costs, which contrasts with certain types of divorce-related legal fees that may be deductible under specific circumstances.
• Impact on Filing Status: Your ability to file as head of household or claim tax credits related to the child (like the Child Tax Credit) typically depends on the custody arrangement or specific terms set by the court. If you do not meet the criteria for claiming the child as a dependent, you will not have access to these tax benefits.

Schedule A Free Consultation With An Experienced Rockford Child Support Lawyer

Understanding how child support is calculated in an Illinois divorce is crucial for ensuring the financial well-being of your children. By following the child support guidelines and considering factors such as income, parenting time, and additional expenses, the court aims to provide fair and adequate support for the child’s needs.

If you have any questions or need assistance with your child support case, the team at Rockford Family Law is here to help. Use our free child support estimate calculator to get started, and reach out to us for personalized legal advice tailored to your unique situation.