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How is child support figured in Illinois?

Terre Haute, IN |

I have researched this online and I have read that it is 20% of your net income. I also read that you can also deduct mandatory 401K payments, medical insurance and student loans. Is this all true? My husband's daughters mother just informed us that she is sueing him for child support and we are concerened that its going to cost a fortune. Please hel us understand how this works?

I also am wondering if we end up having to go to court, how easy or possible it is for my husbands daughter to get his name. The mother didn't put him on the birth certificate so his daughter has her name. Can it be changed even if mother doesn't want it to be? Thanks for your help.

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Attorney answers 1


In Illinois, child support is subject to a mandatory formula specified by Illinois law. Judges have some discretion in adjusting the amount, but evidence must be produced and accepted by the judge in deviating from the statutory formula. As you noted, for one child, the amount is 20% of net income (whether student loans are adjusted for does not seem to be technically specified by Illinois' statutes, though such expense may be a reasonable and necessary expense for the production of income). Medical insurance, taxes, mandatory retirement contributions, and some other items may be deducted.

As far as the name, I don't believe a name can be changed without the custodial parent's consent. Another attorney may wish to chime in to confirm this, however.

This answer is only intended for informational purposes and is not, and is not intended to be, legal advice for any specific individual's legal situation.

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