Can you get retroactive child support in Illinois?

For married parents, a general rule in Illinois is that a child is entitled to receive retroactive support starting on the date the court was first asked to award child support. This date is usually after the date that the divorce case was started.

How far back can you claim child support in Illinois?

In Illinois, there is no longer a statute of limitations on back child support payments. Prior to July 1, 1997, Illinois law imposed a 20-year statute of limitations on collection of past-due child support. In 2000, Illinois law imposed statutory interest on past due installments of child support.

Can child support be ordered retroactively?

“Retroactive support” refers to child support for a period of time before the child support action/petition was filed. In some cases, a judge may order that a non-custodial parent pay retroactive support. the non-custodial parent’s “fair share” of the actual money spent for the child’s care during that period of time.

How does back child support work in Illinois?

Illinois courts well before the Illinois Parentage Act of 2015 were encouraging retroactive child support. So, you calculate past child support in the same amount that you would current child support. So, if you were making more money or less money last year, you should pay child support based on that previous income.

What is the new child support law in Illinois?

Under present law, child support is based on the net income of the child support payer. It is 20% for one child, 28% for two, 32% for three, and 40% for four. Net income is defined in 750 ILCS 5/505 as gross income minus certain specified deductions.

Who gets back child support after the child is 18?

Where there is back support owed, however, the custodial parent may be able to collect it even after the child turns 18. Unpaid child support debt does not simply vanish on the child’s 18th birthday. Rather, late payments are in arrears, and payments must continue until the balance has been paid in full.

What is the difference between arrears and back child support?

Once a child support order is in place, the obligor parent must pay the full amount of support ordered each month or risk being in “arrears.” Child support arrears—also known as “back” child support—is the difference between what a parent is ordered to pay and what the parent has actually paid.

What is the average child support payment in Illinois?

Total Support Obligation The state of Illinois says the basic child support for one child is $1,215 per month. Multiply this number by the number of children to get the basic support obligation.

Is Illinois a mother state 2020?

Under Illinois law, married parents have joint residential and legal custody of a child born of the marriage while they are married. With unmarried parents, the mother has sole legal and residential custody of the child until a finding of paternity is made and the father petitions the court for some form of custody.

What happens to arrears when child 18?

Payments in Arrears vs. Typically, child support ends when the child reaches the age of 18 and finishes high school, although in some states or under some court orders, it continues through a child’s college years. So, the amount you owe your child’s other parent may be greater than what you originally owed.

When does retroactive child support start in Illinois?

Retroactive child support is typically only granted starting with the the date of the petition for child support, with the exception of paternity cases discussed above. Certainly, the less an individual makes in income, the less they are likely to pay in child support.

How is basic child support obligation calculated in Illinois?

(1.5) Computation of basic child support obligation. The court shall compute the basic child support obligation by taking the following steps: to determine the combined monthly net income of the parents; from the schedule of basic child support obligations based on the parties’ combined monthly net income and number of children of the parties; and

How old do you have to be to get child support in Illinois?

For purposes of this Section, the term “child” shall include any child under age 18 and any child age 19 or younger who is still attending high school. For purposes of this Section, the term “obligor” means the parent obligated to pay support to the other parent. (1) Child support guidelines. The Illinois Department

How is child support calculated under ILC 5 / 505?

(3.2) Unemployment or underemployment. If a parent is voluntarily unemployed or underemployed, child support shall be calculated based on a determination of potential income.