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Child Support Attorneys in Illinois

In Illinois, both parents have a duty to support their children. Under the current law, both parent’s net incomes are combined to determine the basic child support obligation (the amount of support the child should receive from both parents). However, the formula used to determine which parent’s obligation can be affected by the amount of parenting time each parent has with the child. 

Majority of Parenting Time

 If one parent has a parenting schedule with 60% or more of the overnights, then child support is determined as follows:

  1. Each parent’s net income is calculated using the standardized or individualized tax methods and applying any adjustments;
  2. The table maintained by the Illinois Department of Healthcare and Family Services is then referenced to determine the Basic Child Support Obligation based on the parties’ combined net incomes.
  3. The Basic Support Obligation is allocated between the parents based on their respective net incomes.
  4. The parent owing support pays to the other his or her share of the Basic Support Obligation.

Shared Parenting Time Schedule

If the child spends at least 146 overnights with each parent, then child support is determined as follows:

  1. Each parent’s net income is calculated using the standardized or individualized tax methods and applying any adjustments;
  2. The table maintained by the Illinois Department of Healthcare and Family Services is then referenced to determine the Basic Child Support Obligation based on the parties’ combined net incomes.
  3. The separate obligations of the parents are added and multiply by 1.5 to get the “Shared Physical Care Support Obligation”
  4. The Shared Support Obligation is allocated between Mom and Dad according to their respective net incomes.
  5. Each parent’s apportioned share is multiplied by the percentage of overnights the child spends with the other parent.
  6. The two amounts are offset to determine the set monthly amount.

Deviation from Guidelines

A court may deviate from the guidelines if they find that it serves the child’s best interest, however, this is usually only in special circumstances.

The experienced attorneys at Suburban Law Group, LLC can help you determine the correct amount of child support you are obligated to pay or entitled to receive, so contact us today for a free consultation.

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