Illinois Child Support Laws

Child support is one of the most contentious issues in family law, and Illinois child support issues are no exception. When dealing with Illinois child support, it is best if you have a good Illinois child support attorney to help you. But there are also some things which you can and need to know right up front about child support in Illinois, and the Illinois child support laws. While many people don't realize it, most state child support laws are fairly fixed, and don't take into account such things as what your or your ex's actual child-related expenses are.
The child support laws of most states look at only a few factors, and you may find that your Illinois child support award takes into account only:

How much you earn How much your ex earns How many children you have; and What percentage of time the children are under each parent's care and control

Sometimes, although not often, a court will consider expenses which it may consider extraordinary, however that is the exception, not the rule. In most states, for example, the cost of dancing lessons, sports lessons, or other discretionary extracurricular activities, will not be taken into account when awarding child support. Nor does the court usually really care how much rent you pay, how much your mortgage is, or what your other living expenses are. They really only care about income, number of children, and the time the children are with each parent. This often confuses people who live in states which require the parents to fill out lengthy and complicated income and expense forms. Why do they want to know your expenses if they aren't going to take them into account? It's a good question, and often it is a holdover from days when they did things differently, but you still have to fill them out. Some exceptions to the above rule include the cost of child care if it is required during the custodial parent's work hours, or while they are going to school in an effort to create better job opportunities for themselves. In those situations, the non-custodial parent will often be ordered to pay part or all of that child care expense. The same will often hold true for medical expenses which are not covered by insurance, and if the children are not insured through the custodial parent's employment, the noncustodial parent may also be ordered to pay for medical insurance for the children. Whether any of these exceptions will apply in your Illinois family law matter will depend on various factors, and you should consult a qualified Illinois lawyer to determine what your options and rights are. If you need to find an Illinois child support lawyer, you can consult our Find an Illinois Lawyer page. Fights over money, especially with respect to child support, lead to some of the most damaging family law cases of all - and such battles are particularly damaging to the children. In the end, it's just money. Try to remember that as you weigh what is most important to you - money, or your children's well-being, and your relationship with your children. Think about it in these terms: how much would you pay to someone to see your children happy? That is the flip side of a child support fight: how much are you willing to damage your children by exposing them to their parents fighting over who will pay how much for them?