How to Calculate Illinois Child Support Payments

 Posted on February 11,2019 in Divorce

Sometimes, even the so-called “simplest” divorces, where the parties have no children, can be stressful and tedious. But if you add children-related issues in a divorce, you have an entirely different set of issues which must be addressed before you can finalize your divorce. One of those issues is child support, which is a very important subject for many divorcing couples, especially if one parent has the children more often than the other. Child support is the financial obligation that both parents have to their children, and it is important that each parent pays his or her fair share.

Calculating the Basic Child Support Obligation

First, each parent’s monthly net income is calculated. Then, both of the parents’ net incomes are added together. The Illinois Department of Healthcare and Family Services (IDHFS) is the governing body that deals with child support calculations, and they periodically publish guidelines for calculating child support based on parents’ combined income. The IDHFS’s basic child support obligation table lists a child support obligation amount that corresponds with parents’ combined income and the number of children they have. This number is what the state of Illinois considers to be the total amount that parents at that income level are expected to provide for their children.

Determining Who Pays What and to Whom

Once it is determined how much should be spent in total on the children each month, it must then be determined how much of that support obligation each person is responsible for -- and who will be paying whom. The calculation is fairly simple -- each parent’s percentage of their combined monthly income is the same percentage of the basic support obligation that the parent would be responsible for. The parent with the minority of the parenting time (sometimes called the non-residential parent) will typically pay their portion of the obligation to the other parent.

Examining an Example Case

James and Lisa have been married for 12 years and are now getting a divorce. They have five children together, who will be in the care of Lisa a majority of the year. James’ net monthly income is $5,400, and Lisa’s net monthly income is $3,900. This means the parents’ combined net monthly income is $9,300. 

When looking up their combined income on the basic child support obligation table, James and Lisa’s monthly financial obligation for five children is $3,020. James’ income is 58.1 percent of the household’s monthly income, and Lisa’s income is 41.9 percent of the monthly income. This means that James is responsible for $1,754.62 of the child support obligation, and Lisa is responsible for $1,265.38 of the obligation. Since the children are with Lisa most of the time, James must pay Lisa $1,754.62 each month.

A Hillside, IL Child Support Attorney Can Help

Many parents rely on child support to provide their children with everything that they need to thrive. At the Law Office of Vincent C. Machroli, P.C., we understand that child support calculations can be confusing. Our skilled Oak Park divorce lawyer can help you and your spouse determine your child support payments, making sure all relevant factors and legal issues are considered. Contact our office today by calling 708-449-7400 to schedule a free consultation.

Sources:

https://www.illinois.gov/hfs/SiteCollectionDocuments/IncomeSharesScheduleBasedonNetIncome.pdf

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000