Illinois Child Support Transmittal #2 - Subsequent Actions and Instructions
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FAQ
Illinois puts one child's basic child support level at $1,215 per month; however, this number is a starting point on which additional factors are added or subtracted. Relevant factors must be considered and calculated to understand better what a person may pay in child support in Illinois.
Illinois considers financial support to the child to be the child's right, not the parent's right. So, parents cannot simply agree not to pay child support. In the majority of cases, Illinois courts determine child support based on the Income Shares formula, a calculation method that uses both parents' net incomes.
Assuming 9% interest, child support arrears are calculated based on the amount of unpaid child support plus the accumulated interest. If a parent in Illinois fails to pay $1,000 in child support for one year, the parent's child support arrearage balance is $1,090 ($1,000 + 9% interest).
Illinois does not have a statute of limitations on collecting child support arrears. So, your ex-partner can be held accountable for what they owe you and your child. This is true even if the child is over 18.
The new child support laws in Illinois in 2022 require that the parents purchase or maintain health insurance for the child or children when dealing with a child support matter. This mandate is in effect whenever the parents deal with child support, such as a part of a divorce or a child custody case.
How will child support payments be collected? Illinois law requires that child support payments be withheld from the wages of the parent/obligor that is ordered to pay child support. After the child support order has been established, an Income Withholding for Support will be served on the NCP/obligor's employer.
Once a non-custodial parent does not pay child support over a six-month time period, or if the non-custodial parent owes the custodial parent more than $5,000, DCSS may initiate a request for state or prosecution of the non-custodial parent for failure to pay.
Criminal Prosecution ? If a non-custodial parent refuses to pay court-ordered child support for more than a six-month period or owes more than $5,000, the federal government can prosecute.
