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Child Support in Illinois for Two Children

Understanding child support, particularly in Illinois, can be quite complex due to its numerous factors and guidelines that need to be considered. Whether you are a parent receiving or paying child support, it is essential to be well-informed about what the state laws entail regarding child support calculations for two children. This article delves deeply into the legal framework, calculation methods, and frequently asked questions surrounding child support in Illinois.

Overview of Illinois Child Support Guidelines

Illinois uses an "Income Shares" model to calculate child support, which considers the income of both parents. This approach aims to allocate the same proportion of parental income to children as they would have received if the parents lived together. To ensure a fair and equitable distribution, Illinois provides a standardized formula under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5).

Key Factors Considered

  1. Total Income of Both Parents: The combined income of both parents is crucial. The calculation begins with determining the gross income of each parent and adding them together to obtain the total family income.

  2. Number of Children: Naturally, the number of children involved impacts the amount calculated. For this discussion, the focus is on two children.

  3. Basic Support Obligation: Adhering to the state's schedule, the basic support obligation is determined. This is the total amount required for the children's basic needs such as housing, food, and clothing.

  4. Adjustments and Deductions: Factors such as health insurance premiums, extraordinary medical expenses, and daycare costs may adjust the final support figure.

  5. Parenting Time Allocation: The time spent with each parent plays a crucial role. An adjustment may be made if the non-custodial parent has extensive parenting time.

Step-by-Step Calculation Process

To accurately determine child support for two children in Illinois, it's essential to understand the step-by-step calculation process:

Step 1: Determine Parental Income

Both parents need to calculate their gross income. This includes wages, salaries, bonuses, commissions, pensions, and other sources of income.

Step 2: Calculate Combined Net Income

Subtract permissible deductions such as taxes and union dues from the gross income to find net income. Then, sum up the net incomes of both parents.

Step 3: Refer to the Income Shares Schedule

Access the Illinois child support guideline chart that provides the basic child support obligation. For two children, locate the corresponding obligation amount from the total family net income.

Step 4: Allocate Support Based on Each Parent's Income

Determine each parent’s share of the combined income. If a parent earns 60% of the family income, they pay 60% of the child support obligation.

Step 5: Adjust for Additional Costs

Account for additional expenses like daycare or health insurance. These costs might be split based on each parent’s percentage of the combined net income.

Step 6: Finalize the Support Amount

Consider any further adjustments due to extraordinary circumstances or shared parenting time. The completed calculation shows the final child support amount owed by the non-custodial parent.

Example Calculation

Consider a hypothetical scenario with two children:

  • Parent A’s Net Income: $40,000 annually
  • Parent B’s Net Income: $60,000 annually
  1. Combined Net Income: $40,000 + $60,000 = $100,000
  2. Basic Support Obligation for Two Children: Assume $20,000 (as per the Illinois schedule for this income level)
  3. Parent A’s Share: 40% of $20,000 = $8,000
  4. Parent B’s Share: 60% of $20,000 = $12,000

If Parent B provides health insurance costing $2,000 annually, adjustments will be made. However, extensive parenting time could modify these calculations further.

Tables for Clarity

Income Shares Schedule (Hypothetical Example)

Combined Net Income Basic Support for 2 Children
$50,000 $10,000
$100,000 $20,000
$150,000 $30,000

Sample Deductions

Expense Type Amount Allocated to
Health Insurance $2,000 Parent B
Daycare Costs $5,000 Split by Income Percentage

Frequently Asked Questions (FAQ)

1. How often is child support updated?

Child support orders can be revisited if there is a significant change in circumstances, such as a substantial change in either parent's income or financial situation. Typically, reviews happen every few years, especially as the cost of raising children fluctuates with inflation and other economic factors.

2. What happens if a parent loses their job?

If a parent experiences substantial financial changes like job loss, they can request a review or modification of the child support order. Appeals should be lodged promptly to prevent accrual of arrears based on the old amount.

3. Can child support be paid directly?

While direct payments can work if both parties agree, it is generally advisable to use the state’s payment system to maintain accurate records and ensure compliance with court orders. Illinois uses the State Disbursement Unit for child support collections.

4. Does remarriage affect child support?

Child support payments primarily depend on the parent's financial situation at the time of the order. A parent’s obligation does not change due to remarriage. However, new income from a spouse could indirectly affect financial situations and trigger a review.

External Resources

For more detailed information, you may consider visiting the following resources:

Understanding child support guidelines in Illinois requires attention to detail and a thorough comprehension of state laws. Use this information as a guideline but consult with a family law attorney or financial advisor for personalized assistance. This ensures the best interests of all parties, especially the children involved, are maintained.