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Child Custody

How A Divorce Court in Illinois Determines Child Support

Section 505(a)(3) of the Illinois Marriage and Dissolution of Marriage Act specifies certain minimum guidelines which a divorce court is mandated to use in determining child support. Those guidelines set a percentage of the non-residential parent’s “ net income”: 20% for one (1) child; 28% for two (2) children; 32% for three(3) children; 40% for four(4) children; 45% for five (5) children; and 50% for six(6) or more children.

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Illinois child support lawyer

The Illinois child support statute sets out “guideline” support percentages to be paid by the non-residential parent, based upon the number of children in the family. For example, if there is one child, 20% of the payor’s net income; if there are two children, 28% of the payor’s net income. The statute is precise as to what can and cannot be deducted from a payor’s gross income. To determine net income the support amount is based upon income from all sources, not just a parent’s salary.

Child custody in Illinois

There are two kinds of custody in Illinois – sole custody and joint custody. There is no presumption that either is better. In both cases there is an arrangement between the parents as to who the child will reside with and a schedule of time with the other parent. There is also a mechanism for how decisions will be made regarding a child’s health, education and other significant issues.

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February 2012
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