Jan 7, 2020

How Do Courts Calculate Child Support?

How Do Courts Calculate Child Support?

Children add another layer of complexity to divorces, bringing up questions like Which parent will get full custody? How much will I have to pay in child support? With that, many individuals then ask, How do courts calculate child support? Several factors play into that question.

State Guidelines

Each state may have slightly different laws regarding child support; Illinois, however, calculates child support based on a percentage of the parent’s net income. In addition, the percentage increases with the number of children. The breakdown in Illinois is currently as follows:

  • One child — 20 percent
  • Two children — 28 percent
  • Three children — 32 percent

And it increases from there.

The Child’s Needs

Another factor that goes into the judge’s decision is if the child has specific needs. For example, child support could increase depending on any of these considerations:

  • Physical or emotional state
  • Educational needs, such as additional tutoring
  • Age

Your Income and Your Spouse’s

Your income can work for you or against you. For example, if you have high-paying job, but your spouse is living at or below the poverty level, the judge may decide to require less child support from them depending on the situation. The judge may attempt to decipher why someone is making little to no income and will try to identify if:

  • Your spouse voluntarily doesn’t work
  • They’re underemployed
  • Or if your spouse can’t work due to disability or incarceration

Whatever the case may be, the judge will make the decision based on if they believe the spouse can make the payments without causing a hardship. Besides, the judge knows that it wouldn’t be efficient requiring payments that someone can’t make.

Several factors go into calculating child support, and it’s different for each state. However, in Illinois it’s common to go off percentages from one’s net income. Now, child support could vary based on your income and your spouse’s for a few reasons, but the judge will always consider the child’s needs first. Whatever your situation is, you need a child support attorney in Chicago, and our attorneys at SDF Law are among the best in the state. Our attorneys are experts in their field, and they’re dedicated to serving you first.

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