The laws of Illinois governing child custody and child support are contained in the Illinois Marriage and Dissolution of Marriage Act, which may be are found at this link for child custody and visitation and at this link for child support.
To fully understand Illinois law, it may be necessary to read and interpret statutes with case law and regulatory law. It is also important to know if law is up to date. For these and other reasons, it is always best to consult with a qualified family law attorney to know how the law applies to your particular situation. The following legal summaries are not intended as legal advice and should not be relied on as such. They are intended only as an introduction to the way that the law functions in these areas.
Child Support in Illinois
Child support is the court-ordered payment by one parent to the custodial parent of a minor child, generally after divorce or separation. In Illinois, a court may order parents to pay an amount reasonable and necessary for the child’s support.
Child support in Illinois is calculated as a function of the obligor’s net income(the "obligor" is the parent paying support). “Net income” means income from all sources. Defining “net income” sounds simple, but there are many complicating factors.
Once a parent's net income is determined, courts generally will apply certain guidelines defined in the law to determine the minimum amount of child support. The guidelines are:
| Number of Children |
Percentage of Supporting Party's Net Income |
| 1 |
20% |
| 2 |
28% |
| 3 |
32% |
| 4 |
40% |
| 5 |
45% |
| 6 or more |
50% |
The above guidelines are applied by courts unless a court determines that application of the guidelines would be inappropriate, after considering the best interests of the child.
In determining “the best interests of the child,” the court may consider evidence regarding a variety of factors, including (but not limited to):
- • The financial resources and needs of the child
- • The financial resources and needs of the custodial parent
- • The standard of living the child would have enjoyed had the marriage not been dissolved
- • The physical and emotional condition of the child, and his educational needs
- • The financial resources and needs of the non-custodial parent.
There are other factors that may affect the amount of child support an individual is required to pay.
Child support generally ends when children turn 18 unless the child is still attending high school, in which case support may be extended to the age of 19. After that, child support terminates unless there is an agreement to the contrary. It may be possible, however, to extend child support children beyond the child’s 19th birthday even if the child is not attending college. For example, where a child suffers educational and learning disabilities, Illinois law permits child support to continue beyond the age of majority.
A helpful Illinois child support calculator is available here.
Child Custody in Illinois
Illinois recognizes two basic forms of child custody: joint custody and sole custody. Custody determinations are based on “the best interest of the child.”
Illinois law provides out eight specific factors that must be considered in making any custody determination:
- • the wishes of the child's parent
- • the wishes of the child as to custody
- • the interaction and interrelationship of the child with his parent or parents, his siblings and any other person who may significantly affect the child's best interest
- • the child's adjustment to his home, school and community
- • the mental and physical health of all individuals involved
- • the physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or directed against another person
- • the occurrence of ongoing abuse (as defined in Section 103 of the Illinois Domestic Violence Act of 1986) whether directed against the child or directed against another person
- • the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child.
Child Visitation in Illinois
Under Illinois law, a non-custodial parent generally has a right to reasonable visitation unless a court determines that visitation would endanger the child’s health or wellbeing (in which case, a court might deny or restrict visitation). In determining what is “reasonable” visitation, a court may take into account a variety of factors, including the age of the child and the circumstances and location of visitation.
