Child Support Obligations

DeKalb County Courthouse | Sycamore, Illinois

The spouse to whom residential custody of any minor children has been awarded by the Court or by agreement between the parties is under statutory guidelines entitled to receive a percentage of the net income of the noncustodial parent's income.

For example, one child results in 20 percent of the net income of the noncustodial parent being paid to the spouse who has residential custody of the child; for two children the percentage is 28 percent, for three children 32 percent, for four children 42 percent, and for five children and above it is 45 percent. "Net income" is defined as the gross income of the party paying the child support minus state and federal withholding taxes, premiums for payment of medical insurance, any mandatory union dues, and so forth.

Helping You Navigate Child Support Obligations And Provide For Your Child

If there was a prior divorce and the noncustodial spouse is already paying child support, then the award of child support for the second marriage will "stack" on top of the first child support payments, i.e., one child is being supported from the first marriage and 20 percent of the payer spouse is being paid pursuant to the law.

Then if there is a child from the second marriage and the payer spouse is obligated to pay child support, the first 20 percent would be deducted from the net pay and the second 20 percent would be paid out of any net pay after that initial deduction. There is a formula involved that would be applied. The point is, however, that the second child will not receive a full 20 percent of the net income of the payer spouse.

For more information, call our law firm today at 630-457-1691.