Tag Archives: child support calculation

Illinois divorce lawyerIn many divorce cases, an ex-spouse is required to pay child support. If your ex-spouse owes you child support and you have remarried, you may be wondering whether your child support payments will change. The answer is that your remarriage may have an effect on the amount and duration of child support you will receive.

Child Support Calculations in Illinois

The Illinois Marriage and Dissolution of Marriage Act dictates how child support works in the state. It uses the net income of the non-custodial or parent who does not have legal custody of the child and the number of children they are responsible for to determine how much the non-custodial parent must pay in child support.

In addition, the court considers other factors such as the financial resources of the child, their education needs, the child’s standard of living before the divorce, and the needs of the custodial and non-custodial parents. Although both parents may agree on a certain amount for child support payments, their agreement must meet minimum requirements and be approved by the court.

A New Spouse’s Income and Its Affect on Child Support

In the past, a new spouse’s income did not play a role in changing child support payments because child support was viewed as the financial obligation of both parents and based on a child’s best interests. That being said, new spouses or step parents were not legally obligated to support their stepchild.

However, in more recent years, Illinois Appellate Court has ruled that a court may consider the income of a parent’s new spouse in determining a child support amount.

The case placed emphasis on both parents’ financial obligations to assist their child with college-related expenses. It brought light to the fact that all financial resources available to parents should be considered when calculating child support payments.

Today, the income of a new spouse can serve as a valid reason to alter an existing child support agreement. This is especially true if the new spouse’s income is exceptionally high because their additional income allows the parent to meet their needs and as a result have more money available to pay child support.

Contact Our DuPage County Child Support Lawyers

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Illinos child support lawyerIn July, Illinois put into a place a new way to calculate child support obligations. The new method takes into consideration the amount of time each parent spends with the child as well as each parent’s income.

Previously, the non-custodial parent paid the custodial parent a percentage of income based on the number of children being supported. Under the new model - called the income shares model - there are more factors, leading to a more complicated calculation that may increase or decrease the amount of child support paid each month.

In situations where one parent has a majority of the parenting time (or custody), the calculation is made as follows:

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Our DuPage County family law attorneys are prepared to offer you assistance in a wide array of cases. If you have questions about child support, read through the following information, and contact us for assistance.

Who Pays the Support?

Generally, the non-custodial parent will pay child support to the custodial parent. In other words, the parent who does not primarily live with the child will usually pay the support. Custody is determined in the best interests of the child, based on a number of factors. Parents can either agree to a custody arrangement in a settlement agreement, or a judge will make the final custody decision. Similarly, parents can agree to a child support amount in a settlement agreement. Otherwise, a judge will calculate the non-custodial parent’s support obligation.

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child custody, Illinois child support attorney, Illnois divorce lawyer, Child support is often a big part of divorce and custody cases. Disputes over child support are often particularly contentious because they involve both children and finances. These disputes can be resolved either through court orders or through out-of-court agreements. As circumstances change, however, sometimes child support orders or agreements need to be changed. If you need your child support order changed, or if your child’s other parent has asked for a change, it is in your best interest to contact an attorney in the area for help. A family law attorney can ensure that you are receiving the child support modification outcome most suited for your specific situation.

Calculating Child Support in Illinois

Child support is calculated by analyzing a number of different factors. The two main factors are each parent’s income and the amount of time each parent spends with the child. Generally, the parent with whom the child resides is the custodial parent. He or she will usually receive payments from the non-custodial parent to provide for the child’s well-being. In some cases, parents are able to agree on monthly custody payments through mediation and out-of-court settlements. If such an agreement cannot be reached, the family court judge will determine the amount of these child support payments. Furthermore, child support is also dependent upon the amount of children that the parents have; more specifically, child support payments will increase for each additional child.

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