Navigating child support laws in DuPage County can be overwhelming for parents going through a divorce or custody dispute. At Kulerski & Cornelison, we understand the importance of ensuring your child’s financial needs are met. To help you better understand the process, we’ve compiled answers to frequently asked questions about child support in DuPage Illinois.
How is Child Support Determined in DuPage County?
Answer: Illinois courts determine child support payments by using a percentage formula:
The Court shall determine the minimum amount of support by using the following guidelines:
| Number of Children | Percent of Supporting Party’s Net* Income |
| 1 | 20% |
| 2 | 28% |
| 3 | 32% |
| 4 | 40% |
| 5 | 45% |
| 6 or more | 50% |
* Net Income is defined in Section 505 of the Illinois Marriage and Dissolution of Marriage Act.
While our above statute states that the above percentages will be the minimum amount of support to be paid, the minimum has become the norm. The above percentages presume that the children reside with the obligee spouse and there are exceptions to the percentages. For example, the Court can go below the minimum if the child doesn’t need that much money. Michael Jordan’s child would not need 20% of $100,000,000 each year. Also, the percentages rarely apply if there is a split-custody arrangement where some of the children live with each of the parents.
While there are always exceptions, it is generally true that “net” income is defined as a total income from all sources minus the following deductions:
- Federal income tax properly calculated;
- State income tax properly calculated;
- Social Security payments;
- Mandatory retirement contributions required by law or as a condition of employment;
- Union dues;
- Dependent and individual health/hospitalization insurance premiums;
- Prior obligations of support or maintenance actually paid pursuant to a court order;
- Expenditures for repayment of debts that represent reasonable and necessary expenses for the production of income, medical expenditures necessary to preserve life or health, reasonable expenditures for the benefit of the child and the other parent, exclusive of gifts.
What Children’s Expenses are Included in Child Support?
Answer: It covers the obligor’s portion of the ordinary and reasonable living expenses of the child. All children require food, clothing, and housing, but not all children play hockey or soccer, take karate or piano lessons, or require tutoring. Consequently, costs such as these are extraordinary and are outside the realm of ordinary child support.
What Children’s Expenses Are Not Covered By Child Support?
Answer: Daycare, extracurricular, and activity expenses (e.g. hockey, soccer, karate lessons, music lessons, tutors, etc.) are not included in child support payments. Any contributions toward these costs are in addition to child support.
Can I Stop the Direct Deposit of My Paychecks?
Answer: Yes. However, changing the method or the flow of income to the household is often perceived as an act of war and should be done with tact.
Are Overtime, Bonuses, and Commissions Included in Calculating Child Support?
Answer: Yes. Child support is based on the obligor’s net income from ALL sources. This includes but is not limited to, interest earned on savings accounts.
What Happens When a Person’s Income is Not Guaranteed Overtime? (bonuses, and commissions fluctuate from year to year)
Answer: Child support is based on the obligor’s net income from ALL sources. This includes but is not limited to, interest earned on savings accounts.
Who Pays for the Children’s College?
Answer: The parties are free to negotiate this to their mutual acceptance. However, if they do not address this in their marital settlement agreement, the law requires both parents and the college or trade school student to contribute a percentage that is commensurate with their individual wealth, income, and financial wherewithal. The court often requires the student to exhaust his or her loan possibilities.
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