Who must pay child support in Illinois?

The non-custodial parent is generally required to pay support for his or her minor children.

Why is the non-custodial parent ordered to pay and not the custodial parent?

Both parents have an obligation to support their children. The assumption is that if a child is living with the custodial parent (or residential custodian) that parent is contributing to the care of that child by providing food, shelter, clothing and other necessities for the child.

What is child support in Illinois?

Child Support is determined by the number of children and the net income of the parent paying the support. Net income for support purposes is determined by deducting federal, state and local (if any) income taxes, social security, medicare taxes, union dues and mandatory retirement deductions from the person’s gross wages. If the party is paying for medical insurance it too is subtracted to determine net income for support. There are other factors that can affect what a party must pay as or for child support. The percentage amounts are as follows:

1 Child      20% of net
2 Children 28% of net
3 Children 32% of net
4 Children 40% of net
5 Children 45% of net
6 or more -50% of net  

When does a parent’s duty to pay child support terminate?
Normally Child Support ends when a child reaches 18 or graduates from high school, whichever is later. However, a parent's obligation to pay child support may continue for a longer time if the child is mentally or physically disabled.

Does Illinois law take away a parent’s visitation rights when the parent has not paid child support?
No. Visitation is not contingent upon a parent making child support payments to the other parent.

Can a parent’s child support amount ever change?
Yes. Based on Illinois law, if there is a substantial change in circumstances, the court can either increase or decrease the amount of child support owed by a parent.

How do I get an increase in the amount of child support I am receiving?

If you are looking for an increase in child support you should contact an attorney who can petition the court for an increase.

How do I get the amount of child support I am paying reduced?

If you are the Payor (party paying support) and you lose your job or your income is reduced, you MUST file a motion with the courts to reduce your child support. Until a court lowers your support obligation you are expected to pay support as ordered despite possible job loss, illness or other circumstances that might make payment difficult or impossible. If you are laid off or fired the first thing you must do is either file a motion to reduce or call your attorney to file for you .