What deviations to the IL child support formula are factored in?
Illinois uses a child support formula to decide how much a noncustodial parent will have to pay to the custodial parent for the child’s care and upkeep. This formula is basic and uses the number of children the parents share, as well as the net income of each parent, to come to a determination on child support. For example, if there is one child, the percentage of net income will be 20 percent. This goes all the way up to six or more children, for which the amount will be 50 percent of the noncustodial parent’s net income.
The State, however, will examine other issues such as the best interests of the child, to decide that the guidelines are not appropriate. There are certain factors that will be examined to decide on deviations. These might include the following: the child’s needs and financial resources; the custodial parent’s financial needs and resources; the child’s standard of living had the marriage stayed intact; the child’s educational needs; the child’s physical and emotional condition; and the noncustodial parent’s financial resources and needs.
Net income is calculated by adding up all income sources with the following subtracted: federal income tax; state income tax; FICA or Social Security; contributions for retirement that are mandatory; dues for union membership; insurance premiums for dependents or individual health and hospital; prior support or maintenance obligations; costs to repay debts that are reasonable and necessary; medical costs to preserve health; and reasonable expenses that will benefit the child and the custodial parent.
The court will go on a case-by-case basis if there is no method to come to an accurate total net income. Parents who are receiving or paying child support must be aware of how the state deals with calculating the net income and what factors will go into deviating from the child support formula. Other issues such as delinquent payments or a refusal to pay are also considerations. Speaking to an attorney who is well-acquainted with the Illinois legal system and how it pertains to child support can help in any situation.
Source: childsupportillinois.com, ” Calculating Child Support Obligation,” accessed on March 15, 2016