Child Support
What is Child Support?
A court may order either or both parents
owing a duty of support to a child of the marriage to
pay an amount reasonable and necessary for his support,
without regard to marital misconduct. The duty of support
owed to a minor child includes the obligation to provide
for the reasonable and necessary physical, mental and
emotional health needs of the child.
How is Child Support
Calculated?
750 ILCS 5/505(a) sets forth the guidelines for determining
the proper amount of child support.
| (1) |
20% |
| (2) |
28% |
| (3) |
32% |
| (4) |
40% |
| (5) |
45% |
| (6 or more) |
50% |
The above guidelines are applied unless
the court determines that the application of the guidelines
would be inappropriate after considering the best interests
of the child. Factor the court may consider include:
1) The financial resources
and needs of the child;
2) The financial resources
and needs of the custodial parent;
3) The standard of living
the child would have enjoyed had the marriage not been
dissolved;
4) The physical and
emotional condition of the child and his educational needs;
5) The financial resources
and needs of the non-custodial parent.
What if a Party Fails
to Pay Support?
Failure to comply with a support order
is punishable as in other cases of contempt. In addition
to other penalties provided by law, the court may, after
finding the parent guilty of contempt, order that the
parent be:
1) Placed on probation
with conditions as the court deems fit;
2) Sentenced to periodic
imprisonment for a period not to exceed six months.
750 ILCS 5/505(b) allows the court to
order that the driver's license of a parent who is 90
days or more behind in his or her child support payments
be suspended.
How is Child Support
Paid?
Child support may be paid directly from one spouse to
the other or it may be deducted out of one's pay, sent
to the State Disbursement Unit and then forwarded to the
recipient.
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