• What Determines Fair Child Support in Troy, Illinois?

    November 18, 2019 | Blog Family Law
  • Factors to Determine Fair Child Support in Troy, Illinois

    After a divorce or separation, determining the contribution of each parent to their child support can be a contentious issue. Families are different, and their situations may differ. Due to this, various factors may be considered in ensuring fairness when arriving at an appropriate method of calculating child support. Below are the guidelines for child support determination. A child support attorney in Troy, Illinois can offer you some guidance depending on your unique circumstances.

    what determines child support payments Troy, IllinoisHow is child support determined?

    Both parents have a responsibility to support the child. Although parents can agree, there are some minimum guidelines, and there must be court approval. It is without a doubt that the right to support belongs to the children and not their parents. There are some guidelines set by the state of Illinois, which are followed by the court to establish the amount of support each parent should pay.

    How is basic support calculated?

    Basic support is calculated as the percentage of net income that belongs to the non-custodial parent after allowing some deductions. It can increase depending on the number of children, as shown below.

    • 20% where there is one child
    • 28% where there are two children
    • 32% where there are three children
    • 40% where there are four children
    • 45% where there are five children
    • 50% where there are six or more children.

    Can the formula be adjusted?

    factors that influence child support Troy, IllinoisThis formula is the simplest and has been in existence for long. Most states have different formulas after considering the incomes of either parent or the time a child spends with the mother or father.

    Currently, courts in Illinois have the right to make changes if the set amount does not address the best interest of the child concerning;

    • Standard of living if both parents are living together
    • Emotional and physical needs
    • Education needs
    • A parent’s financial resources against the child’s needs.

    These percentages are traditional methods of calculating support in cases where the non-custodial parent may have rights to visits on weeks during summer and extends to more weeks. If there is joint custody, the court can add more expenses to cater for health, daycare, or even education. If one parent has a high income, they can pay more than the one with a lower income.

    Net income

    In calculating the net income necessary for child support, all the non-custodial net income is added up and the deductions allowed. These expenses include;

    • state income taxes
    • social security tax
    • Union dues
    • Health insurance premiums