NOTE: As of July 2017, the laws that determine how child support payments are calculated in Illinois have changed. Please see our child support page for more information.
Illinois family courts determine the amount of child support a non-custodial parent should pay by looking at several factors. The court will look at the parent’s net income and the number of children the parent is responsible for. Typically the breakdown is as follows:
|Number of Children||Percent of Non-Custodial Parent's Net Income|
Other factors that courts may use to make the determination include financial resources and needs of the children and/or the custodial parent, the standard of living the children would have if the marriage had not been dissolved, the emotional and physical condition of the children, and the financial resources of the non-custodial parent.
It is crucial to remember that child custody and visitation are completely separate from child support. A custodial parent must obey the court-ordered visitation schedule, even if the non-custodial parent falls behind or refuses to pay child support.
The State of Illinois has enforcement measures in place for parents who do not meet their child support obligations. These measures include interception of federal and state tax refunds, interception of other federal or state payments, suspension or revocation of a professional license or occupational certificate, denial or suspension of US passport, seized assets, and state or federal criminal prosecution.
As of 7/1/97, Illinois has no statute of limitations on back child support. Illinois also allows interest accrual of 9% per year. Illinois residents who are owed back child support should hire an experienced Lombard child support attorney to ensure that their children’s rights are protected and they receive the child support to which they are entitled.
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