Regardless of whether they were married or not, both parents have to support their child in Illinois.The amount of child support that one parent must pay to the other parent was established by the state of Illinois.The custodial parent usually pays support to the parent that has primary custody of the child.Help to establish legal parentage and assistance in ensuring that a noncustodial parent meets his or her financial obligations are some of the services Illinois has to offer.
Step 1: The gross income of the noncustodial parent.
Adding up the total amount of the person's monthly income from whatever source is required to calculate the gross income of a supporting parent.Compensation for services, including fees, commissions, fringe benefits, and similar items, is one of the sources of income that can be included.
Step 2: The net income of the noncustodial parent.
The net income can be calculated by subtracting from the gross income all allowable deductions.The net income is left.Social Security and federal income taxes should beducted.Do not include voluntary contributions to a 401(k) or other retirement fund inducting mandatory retirement contributions.Deduct union dues.Deduct premiums for dependent and individual health insurance.Life insurance premiums have to beducted to get support payments.Comply with any prior obligations of support or maintenance that are paid.Foster care payments are paid by the Department of Children and Family Services.Deduct the monthly amount spent to repay debts, such as student loan payments or necessary medical benefits.The amount of monthly income taxes and Social Security deductions can be determined by looking at a person's pay stub.A judge can still order a parent to pay child support even if they don't have any income.If the judge finds that the parent is failing to pay child support because they aren't really looking for a job or are choosing low-paying jobs for which they are over qualified, then he or she will order the support.
Step 3: The percentage of net income should be selected.
The noncustodial parent is required to pay a percentage of his or her net income in child support.The number of children increases the percentage a person is required to pay.20% is the allowable percentage for one child.There is an allowable percentage for two children.There is an allowable percentage for three children.40% is the allowable percentage for four children.There is an allowable percentage for five children.50% is the allowable percentage for six or more children.
Step 4: Determine the amount of child support owed.
The amount of child support can be calculated by moving the decimal point two spots to the left of the percent amount and then using the monthly net income amount.$200 is the monthly child support for 1000 x.20.If you are applying for long-term or temporary child support, this calculation is used.There is a free online percentage calculator at http://www.percentagecalculator.net.The amount of child support will be set in a judge's order.
Step 5: The court can use its discretion in calculating child support.
The standard child support percentage can be deviated from by a court under Illinois law.A person can ask the court to increase or decrease child support if they specify the reasons for the deviation from the standard percentage.In his or her Response to the Petition for Child Support, a parent can make arguments against the additional expenses.The amount of child support may be adjusted if the court finds the request for additional support to be reasonable.
Step 6: An online calculator can be used.
You can use an online calculator to calculate the amount of child support that a noncustodial parent has to pay.The calculator asks you a number of questions and then calculates the amount based on your responses.You can find a child support calculator online.The "Calculating Child Support Obligation Form" is located at www.illinois.gov.The number of children for which the noncustodial parent is the legal parent and for whom you are seeking support will be asked.Noncustodial parent's incomeThe cost of family group health insurance is paid by the noncustodial parent.Monthly alimony is paid by a noncustodial parent to a spouse.Amount of monthly child support paid by the noncustodial parent for children from a prior marriage
Step 7: Determine parentage in order to calculate child support.
To calculate a noncustodial parent's net income, you need access to his or her financial information.If the child's noncustodial parent denies his parentage, you may need a legal determination of parentage in order for the court to force them to turn over his financial information.If you have never been married, you should establish legal parentage of the noncustodial parent in order to have a child support determination based on the person's financials.
Step 8: You should agree that you are a legal parent.
Legal parents have to pay child support.If you were married to the biological mother at the time of the child's birth, you are considered to be the legal parent.You can establish legal parentage if you accept that you are the legal parent but you were not married at the time of the child's birth.To establish voluntary legal parentage, you must have the biological mother's agreement and complete the Voluntary Acknowledgment of Paternity form.The form has to be signed by both parents.The signed original form must be sent to the Administrative Coordination Unit (ACU) in Springfield, Illinois.The form can be signed before or after the child's birth, or when the document is filed with HFS, whichever is later.
Step 9: If the mother is married to someone other than the child's father, seek legal parentage.
You can establish your legal parentage if the mother of your child is married within 300 days of the child's birth.In addition to completing and having the mother of your child sign the Voluntary Acknowledgment of Paternity, you must also have the spouse sign a denial of parentage.You have to do this even if the mother says you are the child's biological parent.The husband has the right to seek genetic confirmation that he is not the biological father of the child.
Step 10: There is a petition to establish parentage.
If you were never married to the other parent, you can file a Petition to Establish Parentage.You need to complete the Petition and submit it to the court.If you are a mother who wants to establish a relationship with her child, you can download the petition.You can download the petition if you want to establish your father's identity.You need to bring at least one original and two copies to the court clerk.You have to pay a filing fee.To find out the amount of the fee and the accepted methods of payment for your local court, you can contact the court.You will get a document from the clerk.You have to fill in your name, the other parent's name and the address for each person.You should keep one copy for yourself and the other for the parent.
Step 11: The summons and petition need to be served.
You should take the summons and one copy of the Petition to the local sheriff after filing your petition.The court clerk can give you information on where to find the sheriff.If you want to establish parentage, the sheriff will deliver a copy to the parent.You can check on the status of the process by calling your local court clerk.The return date is the date by which they must respond to the petition.The parent can show up in court.
Step 12: A hearing date should be scheduled.
The local court clerk can schedule a hearing on your Petition once the Respondent parent is served.You must fill out and mail a copy of the Notice of Hearing to the spouse if you want to go ahead with the hearing.Make two copies of the document by filling it out.Send a copy of the original to the parent by mail.You should keep the other copy for yourself.You need to fill out a Proof of Mailing and send it to the court.
Step 13: You should attend the court hearing.
The parents have to attend the hearing.The Order for Parentage & Allocation of Parental Responsibilities form must be filled out by both parents before the court.After hearing testimony, the judge can sign the order.The judge can order DNA testing if the mother denies that she is the father.A judge will issue an order establishing the father's identity if the testing establishes parentage.
Step 14: An application can be filed with the DHS.
For people who do not receive public benefits, the DHS provides many services.You can begin the process of seeking child support by completing an application with DHS.If you don't get benefits, the Department of Homeland Security can help: search for the other parent, establish legal parentage, obtain a child support order, serve an income withholding notice, and enforce an existing order.DHS doesn't represent you in court if the matter goes to court.DHS only helps people with child support issues.You can apply for DHS support services by calling the Child Support Customer Service Call Center or visiting a local office.You are automatically enroll if you receive public benefits.You can apply by mailing the application form to the support center.
Step 15: As part of your divorce, you should seek child support.
You can include your child support case in your divorce case if you are going to get divorced.You can include a request for child support in your Petition for Dissolution of Marriage if you haven't already filed for divorce.If you didn't include a request for child support in your original petition, you can file an amended one.If you are the custodial parent, you can ask for child support if you file a Petition for Legal Separation.If your divorce case has been going on for a long time, you can file a Petition for Temporary Support and request child support if you are not already receiving it.
Step 16: There is a petition for child support.
You can file a Petition for Child Support with the local court in the county where you live.When you file the petition, you have to pay a filing fee and bring original and two copies of the form to the court clerk.You can inquire about the fee and payment methods from the clerk.The names of minor children for whom you are seeking support, as well as the name of the other parent, will have to be provided when you complete the petition.Signing the petition requires you to print or type your name.
Step 17: You should serve your petition.
You must serve the petition on the other parent with the summons you received from the court.The document will be served by the Sheriff from the county where you live.
Step 18: Attend a hearing.
The court will schedule a hearing to determine the amount of child support that should be awarded once the other parent responds to the Petition.After hearing testimony and having both parents complete a Disclosure Statement, the judge will issue an Order that outlines the amount of monthly child support payments.
Step 19: If you want to hold income for support, send a notice.
Once the judge issues his or her order setting forth the amount of child support, you must send a Notice to Withhold Income to the other parent's employer.The amounts and instructions are set by the court.The notice tells the employer to take the child support out of the parent's paycheck and send it to the State Disbursement Unit.The SDU keeps a record of child support payments.