Divorce and Child Support 

March 22, 2017
​Understanding Child Support During a Divorce
During a divorce in Illinois, allocating child support can be a complex process without the help of a licensed divorce attorney.  Therefore, early planning and help throughout the divorce proceeding can be highly beneficial.  In the state of Illinois, during a proceeding for dissolution of marriage, legal separation, or a declaration of invalidity of marriage, the following child support rules apply based on the number of children and the supporting party’s net income:

Child 1                         20%
Child 2                         28%
Child 3                         32%
Child 4                         40%
Child 5                         45%
Child 6 or more        50%
 *Net income is the total of all income from all sources, minus tax deductions, social security payment, union dues, and mandatory retirement contributions. 
If the net income of the supporting parent cannot be determined due to default or any other reason, the court shall order support in an amount considered reasonable in the case.
This duty for child support includes the obligation to provide reasonable and necessary educational, physical, mental, and emotional health for all children under the age of 18, and any child under age 19 and still attending high school. 
Failure to make payments:

  • If the supporting parent is unable to make child support payments as required by the order, he or she may be held in contempt for failure to pay and be served by mail or personal service at his or her last known residence.  The following penalties provided by law will apply to all supporting parents who do not pay child support and are found guilty of contempt: 
  • Probation as the court deems advisable which can include periodic imprisonment to not exceed 6 months (will be released for period of day or night to work or conduct self-employment occupation).
  •  If payment of child support is 90 days or more delinquent the supporting parents Illinois driving privileges may be suspended until the court determines the parent is in compliance. 
  • Community service or work alternative program.

 Other Repercussions:
The court may also order all or part of the earnings of the imprisoned parent to be paid to the Clerk of the Circuit Court or to the parent or guardian receiving the support for the children. 
If the guilty parent who is contempt for failure to comply with a child support order is self-employed, the court may order that parent to either provide the court monthly financial statements with income and expense, or seek employment elsewhere and report with a diary listing or other memorandum of his or her employment search efforts. 
Are you or a loved one thinking about divorce?  If you live in Glen Carbon, Illinois and are needing legal help for a divorce, the Besserman Law Office, LLC can help.  Please contact us today for a consultation regarding your potential divorce.  

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