child support

child Support in Illinois

Child support is the amount of money that a non-custodial parent must pay the custodial parent to cover expenses for his or her minor child. Child support covers basic needs such as food, clothing and housing, and well as costs for extracurricular activities, transportation, medical expenses, private school and day care.  

When Does Child Support End?

Child support obligations typically end when the child turns 18 years old (or 19 years old if the child is still in high school until 19 years old). Child support can also end if the child becomes “emancipated” which happens when the child:

  • gets married,
  • joins the military,
  • moves out on their own and wants to be independent, or
  • gets a job and no longer requires their parent’s support.

ALIMONY AND CHILD SUPPORT ARE TWO DIFFERENT THINGS

New clients often mistakenly believe that alimony and child support are the same thing or that they are inseparable. Alimony (referred to in Illinois as “maintenance”) and child support are two different things. Just because a parent is entitled to child support does not mean that she or he is entitled to receive maintenance.

There is a statute in Illinois that sets forth guideline child support as a percentage of the non-custodial parent’s net income. Thus, in most cases child support is formulaic. Maintenance, on the other hand, does not have a guideline formula. The law provides factors that the court considers in determining whether maintenance should be paid and, if so, how much. Thus, maintenance tends to be customized more in each particular divorce case. 

Common questions and concerns related to child support in illinois

Calculating Illinois Child Support

Since 2017, Illinois has calculated child support using an "income shares" model. This means Illinois child support is based upon the combined income of both parents. The current model aims to provide children with the standard of living they would have enjoyed if...

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Tips for Non-Custodial Parents To Consider

Although 50/50 parenting time is on the rise, most Chicago-area divorce cases involving children and custody cases still result in one parent being the primary residential custodian. The parent who has less time with the children is usually known as the non-custodial...

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Unmarried Illinois Couples

Recent news stories claim that young people are getting married less often, and when they do get married, the age at which they marry is much older than previous generations. It seems that more couples are “cohabiting”–living together without being married–either as a...

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Waiving Illinois Child Support and Chicago Custody Law

In some Chicago custody law matters, parents wonder whether they can waive Illinois child support in exchange for sole custody. Parents have a legal obligation to provide financial support to their children. This obligation is for the child’s benefit and not for the...

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How Student Loans May Affect Your Child Support Payments

Parents who are ordered to pay child support are required to pay an amount that is based on a percentage of their net income. Unlike gross income, which includes all income from any sources, a person’s net income can be determined only after certain deductions are...

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The Subpoena: A Powerful Discovery Tool in Divorce Cases

It is important that a party to a Chicago divorce conduct discovery into his or her spouse’s income, assets, and liabilities. Some people going through a divorce may groan and say, “what’s the point, I know my spouse is hiding information from me, and we will never...

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When a Child Changes Households After Divorce

Most contested Chicago divorce cases and custody cases settle before going to trial. When parents reach an agreement on issues related to their child, one of the attorneys prepares the written parenting judgment. The draft judgment is reviewed and revised by the...

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Tips for Your First Meeting with Your Family Law Attorney

Many people feel that they have taken the first step towards a new life when they schedule their first meeting with their family law attorney. It can be a nerve-wracking experience and someone may feel nervous at the onset of a divorce or custody case. Television...

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