Chicago Illinois Child Support
Illinois' child support law is an inefficient dinosaur of legislation. Last modified in 1985, it fails to take into account changes in the modern labor force. It fails to specifically address the need for day care services for single-parent families. It does not take into account nearly annual tax law changes (as a simple example, some parents receiving child support now also receive thousands of dollars each year in tax credits from the federal government – a circumstance not contemplated when the original awards were made). It does not take into account the amount of time that a child spends with each parent – indeed, under Illinois' current child support law, children may spend most of their time, and consume most of their resources, with one parent, but that parent may still have to pay child support to the other parent. This inefficient law shortchanges children – as well as parents. Each of these shortcomings has been addressed in other states... but Illinois continues to lag far behind.
Unfortunately, our child support law isn't about to change anytime soon. Illinois' legislature takes its lead from the federal government and, until the federal laws are changed, we'll probably have to make do with what we have now. A good attorney, however, may be able to obtain the relief you seek. Precisely because Illinois' child support law is so rigid, literally thousands of cases have cropped up over the years creating inroads and loopholes that may apply to your situation. An attorney who is familiar with those cases can help you address issues not covered by Illinois law (like day care expenses, tax credit consideration, and shared custody consideration).
For most practical purposes, Illinois courts base a non-custodial parent's child support obligation on that parent's "net income." Once a parent's net income is determined, the judge is supposed to apply certain guidelines defined in the law to determine the amount of child support. The guidelines are:
Number
of Children |
Percentage of
Supporting Party's
Net Income |
| 1 |
20% |
| 2 |
28% |
| 3 |
32% |
| 4 |
40% |
| 5 |
45% |
| 6 or more |
50% |
The Guidelines, however, are only “guidelines.” The guidelines are required by the federal government. Any state (like Illinois) that accepts other federal money must have in place some kind of system of guidelines establishing child support obligations. The federal law specifically says that any child support award achieved by application of the guidelines may be rebutted by evidence that the application of the guideline resulted in an incorrect child support award.
Net Income: "Net income" has proved to be a tricky thing for courts to define in the absence of a definition in the law. The courts are supposed to look only to the child support law, they're not supposed to go by what the IRS considers "income" or how your accountant may define "net income" vs. "gross income." The child support courts use only the child support laws and their own definitions.
