| |
To establish a child support order in Illinois, the amount of child support considered for the order depends on the non-custodial parent's net income and the number of children for which he or she is responsible. The chart below represents the minimum of what may be ordered according to the Illinois Statutory Guidelines (750 ILCS 5/505 Sec. 505).
|
Statutory Guidelines of Child Support
|
Number of Children |
Percent of Non-Custodial Parent's Net Income |
1 |
20% |
2 |
28% |
3 |
32% |
4 |
40% |
5 |
45% |
6 or more |
50% |
The guidelines in the chart are applied to each case unless the court makes a finding that the amount determined in the guidelines would be inappropriate after considering the best interests of the child. Relevant factors for deviations may include but are not limited to:
- The financial resources and needs of the child(ren);
- The financial resources and needs of the custodial parent;
- Standard of living the child(ren) would have enjoyed had the marriage not been dissolved, the separation not occurred, or if the parties had married;
- The physical and emotional condition of the child(ren) and their educational needs; and
- The financial resources and needs of the non-custodial parent.
Net income is the total of all income from all sources, minus the following deductions:
- Federal income tax;
- State income tax;
- Social Security (FICA);
- Mandatory retirement contributions;
- Union dues;
- Dependent and individual health/hospitalization insurance premiums;
- Prior obligations of support or maintenance actually paid pursuant to a court order or administrative order;
- Expenses to repay debts that represent reasonable and necessary expenses for the production of income;
- Medical expenses necessary to preserve life or health; and
- Reasonable expenses for the benefit of the child and the other parent, exclusive of gifts.
If net income cannot be determined, the court shall order support in an amount considered reasonable in the particular case.
If net income cannot be determined in administrative cases, the Department uses a standard amount based on the state’s minimum wage to arrive at the monthly support obligation. The Department is given the authority to establish support through an administrative process. Support orders established through this process have the same force and effect as a judicial order. (45 CFR 300.0 or 89 IL Administrative Code, Sec. 160.60 or 305 ILCS 5/Art. X).
To calculate a minimum child support order, fill in the blanks below and add or multiply as appropriate:
| 1. Non-Custodial Parent’s Income: |
| |
Gross Income from Employer |
|
___________ |
| |
Other Income |
+ |
___________ |
| |
|
Total Income |
|
|
= |
___________ |
| 2. Deductions from Gross Income: |
| |
Federal Income Tax Withholding |
|
___________ |
| |
State Income Tax Withholding |
+ |
___________ |
| |
FICA |
+ |
___________ |
| |
Mandatory Retirement Deduction |
+ |
___________ |
| |
Union Dues |
+ |
___________ |
| |
Health/Hospitalization Insurance Premiums |
+ |
___________ |
| |
Prior Support orders actually paid |
+ |
___________ |
| |
|
Total Deductions |
|
= |
___________ |
| 3. Net Income: Total #1 (Gross Income) MINUS Total |
| |
#2 (Deductions) |
|
___________ |
| 4. Guidelines Percentage for number of children: |
x |
___________ |
| |
(20%, 28%, 32%, 40%, 45% or 50%) |
|
|
| 5. Amount of child support that will be due: |
= |
___________ |
| |
|
(#3 multiplied by #4) |
|
|
___________ |
NOTE: When a non-custodial parent has child(ren) with more than one custodial parent, guidelines are applied per custodial parent. To figure the two amounts using the above calculator, you must figure each family separately. For example, if the first family custodial parent has one child, the 20% guideline applies. Use calculator to figure the child support amount. For the second family custodial parent who has one child, the 20% guideline also applies, but only after deducting the first family 20% amount from the non-custodial parent’s gross income. Deduct first family child support amount in #2 – Deductions from Gross Income above (Prior Support Orders Actually Paid). Again, a deviation from the guidelines can be ordered by a court finding.
|