How is Child Support calculated in Illinois and what is Income Shares?
In Illinois, starting in July of 2017, child support is calculated based on the income of both parent. The formula used is referred to as Income Shares and utilizes tables established by the State of Illinois regarding the net income of the parties and the cost of raising a child or children in Illinois. Here's how it works.
1. Determining Net Income: The first step in calculating child support is determining the net income of each parent. Net income is calculated by subtracting allowable deductions from gross income, including taxes, mandatory retirement contributions, union dues, and certain other expenses.
2. Combining Net Income: Once the net income of each parent is determined, the two incomes are combined to calculate the total net income available for child support.
3. Consulting the Schedule: Illinois provides a statutory schedule that outlines the percentage of the combined net income that should be allocated for child support based on the number of children requiring support. The percentage increases with the number of children.
4. Allocating Support: The total child support obligation is then divided between the parents based on their proportionate share of the combined net income. For example, if one parent earns 60% of the combined net income, they would be responsible for 60% of the total child support obligation.
5. Additional Expenses: In addition to basic child support, parents may be required to contribute to additional expenses such as child care, healthcare, and educational expenses. These additional expenses are typically allocated between the parents based on their proportionate share of the combined net income.
6. Adjustments: The court may consider various factors when determining child support, including the financial needs of the children, the financial resources and needs of each parent, the standard of living established during the marriage, and any other relevant factors. The court has discretion to deviate from the guidelines if deemed appropriate based on the circumstances of the case.
7. Income Withholding: Child support payments are typically withheld from the paying parent's paycheck through income withholding orders. This ensures consistent and timely payment of child support.
It's important to note that child support calculations can be complex, and the specific circumstances of each case can affect the final determination. Consulting with a family law attorney, such as Denise M. Kuzniewski, can provide personalized guidance and assistance in navigating the child support calculation process.
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