> This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

# Alimony Child Support in Illinois

Illinois courts determine child support and spousal maintenance under separate statutes, with each governed by its own set of statutory factors and guidelines. For child support, the court applies 750 ILCS 5/505, which uses a statutory formula based on the parents’ combined adjusted net income, subject to a cap of $500,000 on the portion of income to which the formula applies. Spousal maintenance is calculated under 750 ILCS 5/504, which sets out multiple factors the court must consider rather than a fixed formula. Both statutes provide exceptions and allow for deviations. The worked example below illustrates how the calculation applies to a specific income scenario. To see how these rules would apply to your own numbers, use the DocketMath calculator.

## Governing authority

In Illinois, the alimony child support rule is set by **750 ILCS 5/505 (child); 750 ILCS 5/504 (maintenance)**. The verified packet cites 750 ILCS 5/505 (child); 750 ILCS 5/504 (maintenance) (https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086).

**Illinois alimony child support:** the verified value is **$500,000** under 750 ILCS 5/505 (child); 750 ILCS 5/504 (maintenance). The verified packet cites 750 ILCS 5/505 (child); 750 ILCS 5/504 (maintenance) (https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086).

**Estimate your own result:** every situation has exceptions that can change the outcome. Use the alimony child support calculator to estimate your specific figure.

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_This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction._


Illinois courts determine child support and spousal maintenance under separate statutes, with each governed by its own set of statutory factors and guidelines

Alimony Child Support in Illinois

Illinois income-shares for child support (effective 2017). Maintenance formula applies only when combined gross <$500,000 AND payor has no prior-case obligations. Duration multiplier 0.20 (under 5 yrs) to 1.00 (≥20 yrs). Post-TCJA: maintenance not tax-deductible for orders after 1/1/2019.

750 ILCS 5/504 (maintenance) and 750 ILCS 5/505 (child support). Maintenance: guideline formula codified by P.A. 98-961 (eff. 2015-01-01) and amended by P.A. 100-923 (eff. 2019-01-01). Child support: income-shares model adopted by P.A. 99-764 (SB 0057), effective 2017-07-01, replacing the prior obligor-percentage approach.

Income and property of each party

Needs of each party

Realistic present and future earning capacity

Impairment of earning capacity

Time needed for education and training

Standard of living

Duration of marriage

Age, health, station, occupation

Contributions to career of other spouse

Tax consequences

Contributions and services

Any valid agreement

Other factors

33⅓% of payor's net annual income minus 25% of payee's net annual income. Result + payee's income cannot exceed 40% of combined net income (recipient's total capped at 40% of combined).

≥20 years: maintenance equals marriage length or is permanent at court's discretion.

<5 years: duration = marriage length × 0.20.

If the application of guideline maintenance results in a combined maintenance and child support obligation that exceeds 50% of the payor's net income, the court may determine non-guideline maintenance in accordance with paragraph (2) of this subsection (b-1), non-guideline child support in accordance with paragraph (3.4) of subsection (a) of Section 505, or both.

(II) Spousal Maintenance adjustment. Obligations pursuant to a court order for spousal maintenance in the pending proceeding actually paid or payable to the same party to whom child support is to be payable or actually paid to a former spouse pursuant to a court order shall be deducted from the parent's after-tax income, unless the maintenance obligation is tax deductible to the payor for federal income tax purposes, in which case it shall be deducted from the payor's gross income for purposes of calculating the parent's child support obligation.

(3) Income. (A) As used in this Section, "gross income" means the total of all income from all sources, except "gross income" does not include (i) benefits received by the parent from means-tested public assistance programs, including, but not limited to, Temporary Assistance for Needy Families, Supplemental Security Income, and the Supplemental Nutrition Assistance Program or (ii) benefits and income received by the parent for other children in the household, including, but not limited to, child support, survivor benefits, and foster care payments. Social security disability and retirement benefits paid for the benefit of the subject child must be included in the disabled or retired parent's gross income for purposes of calculating the parent's child support obligation, but the parent is entitled to a child support credit for the amount of benefits paid to the other party for the child.

An order for child support may be modified as follows: (1) upon a showing of a substantial change in circumstances. Contemplation or foreseeability of future events shall not be considered as a factor or used as a defense in determining whether a substantial change in circumstances is shown, unless the future event is expressly specified in the court's order or the agreement of the parties incorporated into a court order. The parties may expressly specify in the agreement incorporated into a court order or the court may expressly specify in the order that the occurrence of a specific future event is contemplated and will not constitute a substantial change in circumstances to warrant modification of the order; and (2) without the necessity of showing a substantial change in circumstances, as follows: (A) upon a showing of an inconsistency of at least 20%, but no less than $10 per month, between the amount of the existing order and the amount of child support that results from application of the guidelines specified in Section 505 of this Act.

Alimony Child Support in Illinois

Current verified answer

Authority and key facts

Alimony Child Support in Illinois

Governing authority