Gabrielle S. Davis, P.C.

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Custody is set, what child support am I entitled to?

Currently in Illinois unlike many other states once child custody is established, child support is based on set percentages of the non-custodial parent's income. For example, for one child you are entitled to 20% of the other parent's take home pay. For two children you are entitled to 28% of the other parent's take home pay and for three children, you are entitled to 32% of the other parent's take home pay.Child Support Guidelines

In other states, they actually look at both parents' incomes and use tables to determine how much each parent should contribute. Illinois might be moving in that direction very soon. Let's hope we don't need an accountant to tell us how much child support we owe! Let's also hope that if one parent ends up paying far more than they would have under the current law, the judge would cut the amount.

Keep in mind also that even under current law both parents are expected to contribute to day care expenses, uninsured medical expenses, school fees and eventually college.

It is also true that we are seeing more and more shared child custody arrangements which sometimes results in no support if both parents make about the same amount of money then the guidelines are generally not applied.

I have seen cases where I suspected that the other parent wanted a 50/50 arrangement to avoid paying support but there are also plenty of instances where both parents genuinely want to be equally involved in their child's life.

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