Illinois child support depends on the net income of the person paying it. Child support calculations also vary according to the number of children. The judge deciding the portion of child support to be paid or received will require certain pieces of information, which may include:
- Gross monthly income, including annual gifts from family members, and amounts withheld for pre-tax deductions such as a 401K.
- Federal income tax
- State income tax
- Union dues
- Health insurance premiums
- Other court-ordered child support payments
In completing child support calculations, the court may order a parent to pay as much as 50 percent of his or her net income if supporting six or more children. For a parent supporting one child, the court may order as much as 20 percent of his or her net income. Child support is generally paid or received until the child reaches the age of 18.
It is important to note that these calculations are not all-inclusive. The court often considers other factors, including the financial needs of the children and financial resources of the custodial parent.
As part of the child support calculations, the court generally looks at the cost of maintaining the children’s standard of living and the children’s emotional and physical needs. In many cases, the court considers the children’s educational requirements as well.
Special Cases for Child Support Calculations
In cases involving mentally or physically disabled children, the court orders parents to pay for the children’s expenses. The court accomplishes this purpose by determining the parents’ income and property, or by reviewing the estate of a deceased parent. Either parent can file a petition for these payments.
However, it can be important to consult an attorney before filing this type of petition. Mentally or physically disabled children often qualify for state and or federal aid, and acquiring expense payments from the other parent could put federal and or state benefits at risk.
Cases of Non-payment
The Department of Healthcare and Family Services will direct the non-custodial parent’s employer to deduct child support payments from the parent’s wages. The employer then sends the payments to the State Disbursement Unit, which forwards child support to the custodial parent.
Past-due child support payments may be reported to:
The U.S. Department of the Treasury. Depending on the amount owed, the Department of Treasury may revoke the non-paying parent’s passport. In addition, the department may be able to hold the parent’s income tax refund.
- The Illinois Comptroller. The Comptroller will report non-payment to credit agencies.
- The Illinois Department of Revenue. This department may stop state income tax refunds and use that money to pay child support owed to custodial parents.
- The Collection and Asset Recovery Unit. This unit is a division of the Illinois Department of Healthcare and Family Services
- The Illinois Department of Professional Regulations. This department may prevent a parent from getting professional licenses because of unpaid child support.