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Child Support in an Uncontested Divorce

As a Chicago uncontested divorce lawyer, I’m happy to help people work out their problems at minimal expense. If you’ve seen my article titled “What is an Uncontested Divorce in Illinois?,” you know that for an uncontested divorce people need to agree on every aspect of the divorce.

When spouses have kids, child support is an issue, even in an uncontested divorce. While parties in an uncontested divorce can make any reasonable agreement (if the judge approves), sometimes people don’t know where to start when it comes to child support. This article provides basic information on child support in Illinois.

What percentage of income is paid as child support?

In Illinois, the “payor” of child support pays a percentage of his or her net income. The definition of “net income” is more complicated than simply “take home pay” – so the definition of net income is addressed below.

According to Section 505 of the Illinois Marriage and Dissolution of Marriage Act (the “IMDMA”)(750 ILCS 5/55), a child support payor should pay the following percentage of his or her net income according to the number of kids involved in that particular child support case: 

  • one child: 20% of net income
  • two: 28% of net income
  • three children: 32% of net income
  • four children: 40% of net income
  • five children: 45% of net income
  • six or more children: 50% of net income

 “Net Income” + Illinois Child Support Calculator

Without getting too technical here, a super-simple definition of “net income” for the purposes of Illinois child support is this: take home pay, minus certain other expenses. That’s not a definition that would be used in court, but it just to give you an idea of what’s going on.

In order to help people determine what the statutory guideline would be fore their child support payments, I think I developed what is the best online Illinois child support calculator. Why do I think it’s the best? As a Chicago divorce lawyer, I’ve reviewed many child support calculators, and it seems many aren’t even created or managed by lawyers, and they don’t properly take into account the various deductions necessary to arrive at “net income” for the purposes of child support in Illinois.

Deviating from Illinois child support guidelines

 In an uncontested divorce, parties can deviate from statutory guidelines, but the should that a judge need to approve of every agreement presented in court. Generally, there has to be a very good reason for a substantial deviation from statutory child support guidelines, even in an uncontested divorce. If you would like to deviate from child support guidelines, contact me to get started.

Getting started with our Uncontested Divorce

If you would like to get started with your divorce, please contact me. Unlike so called “online divorce” websites, I’m an actual lawyer that tries to get you the best outcome I can. Unlike websites that aren’t run by lawyers, I actually relay on training and years of experience – I don’t just spit out an agreement based on questions you answer on a website.