NOTE: A new Illinois law governing how child support is calculated went into effect in July 2017. Please visit our child support page for details

With the recent significant changes to spousal support and parenting laws in Illinois, some may labor under a belief that the child support laws changed as well. In reality, the child support regulations have not changed in any major respect recently.

How Much Do I Pay?

Court ordered child support is very helpful to a parent who is primarily raising a child; unfortunately, not all parents fully comply with their obligation to pay the ordered amount. According to one statistic, Illinois children were once owed $3 billion in unpaid back child support. When the money cannot be collected, it can be very frustrating for a parent who depends on these funds to help with their child's daily needs.

Collecting Child Support through Wage Garnishment

In Illinois, one of the primary ways in which child support is collected is through wage garnishment. Under Illinois law, an employer can withhold money from an employee's check if an employee has been ordered by a court to pay child support. The money is then sent to the Illinois State Disbursement Unit for distribution to the parent with a child support order.

When a parent goes through a divorce and later remarries, he or she may have concerns about how the new family will impact support obligations to the old family and vice versa. Questions may arise regarding whether new children will affect earlier child support orders and if a new spouse's income will be used to increase child support payments. The attorneys at MKFM Law can help answer these questions.

Child Support Modifications in Illinois

In Illinois a parent can be ordered to pay child support with a minimum payment amount calculated according to guidelines set by law. Illinois judges must follow the guidelines, unless circumstances exist which would allow the court to deviate from the guidelines to award greater or lesser amounts in child support. Two factors judges may consider when deviating from the guidelines are the financial resources and needs of both the custodial and non-custodial parents.

With a new law passed in 2013, Illinois now joins several other states that require casino winnings to be withheld if the winner is behind in child support payments. In addition to casinos, winnings can also be garnished at racetracks and at riverboat gambling facilities to pay overdue child support payments.

With the requirement to collect from casinos and racetracks, gaming establishments are supposed to provide notice to potential winners that the establishments are required to withhold winnings until back child support is paid. Signs to this effect may be at the entrance and exits, the cashiers' cages if applicable, and at any credit points within the establishment. The winner can also be informed at the time the winnings are withheld.

How Much Can Be Withheld?