Examining How Child Support is Calculated in Illinois

 Posted on March 07, 2018 in Child Support

Under Illinois state law, children are entitled to financial support from both their biological parents, regardless of whether the parents were ever married. However, that support is not unlimited. Instead, the state has a specific formula that is used to determine what a paying parent’s support obligation should be. Learn more about the way that child support is calculated, and discover how to determine when the aid of an experienced attorney may be beneficial for parents who are engaged in an Illinois child support case.

Is Child Support Owed?

Before an order for child support can be entered, the courts must first determine if support is owed. This starts with establishing parenthood over the child. In a marriage, this is presumed for both the mother and the father. If the parents were never married, the mother is usually presumed to be one biological parent, but the father must either acknowledge paternity, or they must request a paternity test to verify that they are the child’s biological parent. From there, the courts will examine other factors, such as the income of both parents and the amount of time that each parent spends with the child, to determine the amount of support that may be owed.

The Illinois Child Support Formula

Illinois uses the income shares model for child support calculations, which examines three main factors to determine the amount of support that is owed: the basic support obligation, any additional expenses that have not been accounted for in the basic obligation, and the amount of parenting time that each parent spends with the child.

Basic support is determined by first calculating the entire family’s net income (the net income of both the mother and father) and then configuring a percentage that each parent is responsible for, based upon their financial contributions. Additional expenses are those that may be used to cover excessive medical expenses for a special needs child or extracurricular activities for a gifted child. Parenting time will typically only affect support payments if each parent has the child for 146 or more nights per year.

When to Contact a DuPage County Family Law Attorney

The assistance of an attorney is not always necessary in child support proceedings, but it can be critical in certain situations. For example, a divorcing husband may benefit greatly from the aid of a lawyer if he suspects that he is not the biological father of his wife’s child. The DuPage County family law attorneys of Davi Law Group, LLC have the dedication and experience that are needed to ensure your case is aggressively and effectively represented. Call 630-657-5052 to schedule your personalized consultation with us today.

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm