Do you want to know how to start an uncontested divorce in Illinois? If so, then you need to know a lot more than just how to start the process. As one of the leading uncontested divorce lawyers in Illinois, I’ve written this FAQ article about uncontested divorce in Illinois.
(more…)Tag: child support
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Want a Cheap Divorce? Consider Tough Issues.
Do you want a cheap divorce in Illinois? Probably. You might know that an uncontested divorce is the most affordable and quickest way to get divorce in Illinois. In fact, as an Illinois divorce lawyer, I handle many uncontested divorces for a flat fee. But sometimes people want an uncontested divorce and just can’t quite come to agreement. So in this article discussed some of the tough topics in coming to an agreement in an uncontested divorce.
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Child Support in Uncontested Divorce: the basics
“How much child support should be paid in an uncontested divorce?” As an uncontested divorce lawyer, that’s one of the most common questions I get.
That’s why I wrote this article about child support in uncontested divorce.
How to Agree to Child Support
An uncontested divorce is about agreement between the parties. They agree to all aspects of the divorce. That includes child support. A martial settlement agreement (MSA) spells out the terms of the divorce. Child support is agreed to in the MSA.
You should know that a judge must approve of the terms of your divorce. Does your divorce involve kids? The judge will want to know about the child support arrangement.
The judge does not have to approve of every MSA. If the judge does not approve your MSA, you won’t be divorced when you planned. None of my clients have had to come back to court for that reason.
Illinois child support guidelines – and deviation
Want the judge to approve your MSA? Make sure it contains child support provisions that the judge finds reasonable.
In Illinois, there are statutory guidelines for child support. Generally, if you stick to the guidelines, the judge will approve your MSA.
Section 505 of the Illinois Marriage and Dissolution of Marriage Act lays out the following guidelines for child support in Illinois.
- 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
But child support does not have to exactly follow the guidelines. Are you going to split time with your kids 50/50? Then perhaps there will be no child support paid by either party. You an also deviate from child support guidelines for various other reasons. It’s best to consult a lawyer to get guidance on whether or not a judge would approve the child support provisions you are considering.
Net income for child support purposes
I provided my clients an Illinois child support calculator. This way, my clients can estimate what amount of child support a judge might order. That amount can then serve as the basis for agreeing on the child support provision of an MSA.
Child support and spousal maintenance (alimony)
If a divorce involves both child support and spousal maintenance (formerly known as alimony), there are various tax strategies that can benefit both parties. I find that many times when people contact me for an uncontested divorce in Illinois they are unaware of such strategies.
Moving ahead with uncontested divorce
If you are having problems agreeing on child support for your uncontested divorce in Illinois, I might be able to help. I’m experience in helping couples reach agreement to minimize agony and expenses.
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Illinois child support calculator: look no further
As a Chicago divorce lawyer, who focuses on uncontested divorce in Illinois, I often deal with people wondering how to come to agreement regarding child support. Many times in an uncontested divorce, parents are cooperating and spend equal time with the children.
However, where child support is desired, it can be useful to have an understanding what one would pay according to statutory guidelines.
That’s why I created what I think is the best Illinois child support calculator. A brief internet search would yield many options for online child support calculators. However, you would equally quickly realize most of those options don’t come close to the comprehensive nature of the Uncontested Divorce in Illinois Child Support Calculator.
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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.