The court is required to set child support based upon state law 750 ILCS 5/505. Unless the parties have court ordered shared physical custody the court is to start off by applying the percentage guidelines. The court must enter an order though in terms of a specific dollar amount. The order can not be just a percentage.
In Illinois, statutory guidelines of child support are as follows:
1 child = 20%
2 children = 28%
3 children = 32%
4 children = 40%
5 children = 45%
6 children or more = 50%
he percentage is based on net income, which is defined as total income from ALL sources, minus the following deductions:
* Federal income tax;
* State income tax;
* Social Security (FICA);
* Mandatory retirement contributions;
* Union dues;
* Dependent and individual health/hospitalization insurance premiums;
* Prior obligations of support or maintenance actually paid pursuant to a court order or administrative order;
* Expenses to repay debts that represent reasonable and necessary expenses for the production of income;
* Medical expenses necessary to preserve life or health; and
* Reasonable expenses for the benefit of the child and the other parent, exclusive of gifts.
In addition, a custodial or non-custodial parent can seek to deviate above or below child support guidelines on a case by case basis. If a court determines the party has an ability to pay, they will generally will allow an upward deviation for expenses such as daycare, uncovered medical costs, and/or extra-curricular/school expenses.
