Understanding the Chicago child support act

One of the frequent and most contentious issues that can arise in a divorce or other family law matter is that of child support. Chicago Family Law attorneys, David M. Siegel and Associates are advocate passionately on parent’s behalf in all family law matters, and have extensive experience in the field of child support disputes. Do not sign a support agreement without first consulting with one of our attorneys. We have a deep familiarity with the Chicago court system and work to resolve child support issues as amicably, quickly, efficiently as possible.

The Illinois Marriage and Dissolution of Marriage Act specifies guidelines that the courts are mandated to use to determine the amount of child support to be paid by the non-residential parent. It is set as a percentage of their net income as follows:

  • 20 percent for one child
  • 28 percent for two children
  • 32 percent for three children
  • 40 percent for four children
  • 45 percent for five children
  • 50 percent for six or more children

The statute deducts the following items from the total of net income:

  • Social Security payments
  • Federal income tax payments
  • State income tax payments
  • Retirement contributions required as a condition of employment or by law
  • Union dues
  • Premiums for health insurance
  • Court ordered maintenance and support obligations from a prior situation
  • Expenditures necessary for the production of income, for the benefit of the child or other parent (excluding gifts), medical expenses to preserve health or life

The law allows courts to deviate from these guidelines, which is why it is important to consult an attorney experienced in Chicago child support and divorce cases. If the parent paying support has a very high income, the percentage required may be reduced. The physical and emotional needs of the child as well as the standard of living prior to the divorce are frequent grounds for the court to deviate from the guidelines. The amount of the deviation is solely at the discretion of the judge.

Dealing with child support issues can be a confusing and daunting process for both the custodial and non-custodial parent. The courts can consider a great number of factors when determining child support payments or modifications. We are here to help, call (847) 520-8100, and schedule a consultation.