Aaron Carnine Family Law Attorney

Divorce, Parenting, Property, Adoption, Guardianship

CHILD SUPPORT

CHILD SUPPORT

In Illinois, child support is a shared income approach.  Both parent’s income is added together and Illinois presumes an amount that the child should receive based upon that combination.   Each parent is then obligated to pay a pro-rata share of the amount Illinois presumes.   Look in the forms section for charts on child support calculations.   Use this website to make a child support calculation.

A Modification of child support is possible retroactive to the date that a Petition for Modification is filed. Child support cannot be changed, suspended, or terminated without a court order. Out-of-court-agreements with the other parent to modify or reduce child support are not binding.  A modification of child support can be requested where there has been a “substantial change in circumstances”.

The dependent exemption.  A customary method to address the dependency exemption is to rotate it between each parent each year.  It does not matter if the child lives with one parent more than the other, that exemption can still be rotated.

750 ILCS 5/505(1.5) Computation of basic child support obligation.
The court shall compute the basic child support obligation by taking the following steps:
(A) determine each parent’s monthly net income;
(B) add the parents’ monthly net incomes together to determine the combined monthly net income of the parents;
(C) select the corresponding appropriate amount from the schedule of basic child support obligations based on the parties’ combined monthly net income and number of children of the parties; and
(D) calculate each parent’s percentage share of the basic child support obligation.

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