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How Child Support is Calculated when the Payor has Multiple Families

Posted by attorney Martin Osinski

In Illinois, child support guidelines are outlined in Section 505 of the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/505. The minimum child support amount is the following percentage of the payor's income:

Number of Children Percent of Supporting Party's Net Income 1 20% 2 28% 3 32% 4 40% 5 45% 6 or more 50%

Net income is calculated by taking gross pay and subtracting the following:

  • Federal Income Tax
  • State Income Tax
  • Social Security
  • Mandatory retirement contribution required by law or as a condition of employment (Do not subtract voluntary 401k contribution to determine net income)
  • Union dues
  • Dependant and individual health insurance premiums
  • Prior obligations of support or maintenance actually paid pursuant to a court order
  • Expenditure for repayment of certain necessary debts

Let's assume the payor earns $1,000.00 net per month and is the non-custodial parent of each child, in other words, he has to pay child support for each child. If the payor has a child support order requiring him to pay 20% of his net income to support child #1, he will be required to pay $200 per month for the support of the first child. If the payor starts a second family with another woman and has one child with that woman, he will be required to pay that woman 20% of the $800 he has left over, or $160.00 per month. This trend continues with each subsequent family. If the child support payments are deducted from the payor's income, the deductions are capped at the following amounts pursuant to the federal Consumer Credit Protection Act: Percentage Withholding Limits 50% If the non-custodial parent has other dependents and owes no arrearages or is less than 12 weeks in arrears 55% If the non-custodial parent has other dependents and is over 12 weeks in arrears 60% If the non-custodial parent has no additional dependents and owes no arrearage or is less than 12 weeks in arrears 65% If the non-custodial parent has no other dependents and is over 12 weeks in arrears

Additional resources provided by the author

For more information, please visit the following website:
https://secure.myhfs.illinois.gov/NewHireWeb/IncomeWithholding.jsp

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