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Child Support FAQs
How much should be paid in child support?
The law provides guidelines regarding the minimum amount of child support:
Both parents may be required to pay child support.
From what income is child support paid?
Child support is calculated by adding up all sources of income and making the following deductions:
Marital misconduct is irrelevant in determining the amount of child support. The nature and extent of visitation is irrelevant in determining the amount of child support.
When may child support vary from the guidelines?
The duty is to pay child support in an amount sufficient to provide for the reasonable and necessary physical, mental, and emotional health needs of children. The best interest of the child is the governing principle.
Child support may be less than the guidelines if the child resides with the parents on a substantially equal basis, if the non-custodial parent is paying significant expenses for the custodial parent, or if the parents split custody of several children.
How long must child support be paid?
Generally, child support must be paid until a child reaches majority.
To determine whether and the amount to award disabled child support or college educational expenses, a court will consider the financial resources of the parents, the standard of living the child enjoyed before the divorce, the financial resources of the child, and the child's academic performance.
In dividing property, the Illinois court considers all relevant factors including the contribution of each party to the value of the property, particularly the contribution of a spouse as a homemaker, the value of the property distributed to each spouse, the length of the marriage, the financial situation of each spouse when the property is divided, (such as the need to give the family home to the spouse who has custody of the children), any obligations and rights arising from a prior marriage of either party, the age, health, station, occupation, income, vocational skills, employability, estate, liabilities, and needs of each of the parties, the custody of any children, and the reasonable opportunity of each spouse for future acquisition of capital assets and income.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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