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In Illinois, as in most states, child support is based on a formula.

While the formula may dictate a specific percent of net income, net income can be adjusted and interpreted in many different ways.

The basic child support formula

Net income is generally defined as a total income from all sources minus the following deductions:

• Federal & State income tax;
• Social Security/Medicare payments;
• Mandatory retirement contributions required by law or as a condition of employment;
• Union dues;
• Dependant and individual health/hospitalization insurance premiums;
• Prior obligations of support or maintenance paid pursuant to a court order; and
• Expenditures for repayments 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/or the other parent, etc.

Failure to pay child support:

Failure to comply with a support order is punishable, as in other cases of contempt. In addition to other penalties provided by law, the Court may, after finding the parent guilty of contempt, order the following:

• That parent be placed under probation with conditions as the Court deems fit;
• That parent be sentenced to periodic imprisonment for a period not to exceed six months;
• Suspend the driver’s license of the parent that is 90 days or more behind in his or her child support;
• That parent be responsible for all statutory interest due and owing, in addition to the child support owed; and/or
• That parent be held solely responsible for all reasonable and necessary attorneys’ fees incurred as a result of having to bring that parent to court to enforce the terms of the court’s order.

Payment of child support:

Child support may be paid directly from the non-custodial parent to the custodial parent or it may be deducted out of one’s pay, sent to the State Disbursement Unit ('SDU') and then forwarded to the recipient.

Change in child support:

Support amounts can be changed either upwards or downwards by showing a substantial change in circumstances. Generally, any modification of the support order may be done by the Court and does not become legal until the Court says so.

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