The following is a list of state child support statutes, regulations, and court decisions related to child support and visitation.
Illinois law sets child support rates, and each state law is unique.
To find the laws that apply to you, use the Illinois Child Support Calculator.
Illinois ChildSupport Code of Conduct (CCPC) Illinois child support statute is codified at Code of Child Support of the Illinois Department of Public Health.
It requires a person to maintain a financial account that is maintained by the person to pay any amount owed.
A person may not pay any amounts in excess of the amount that would be due under the terms of the person’s agreement, unless the person has been granted a special agreement by the court.
The person must maintain a balance of $200 within 30 days of receiving the order of support.
The balance must be deposited into a separate account, which must be kept by the individual to pay the amount owed under the order.
The amount owed is determined by the following formula: (amount owed – balance) / $200.
A $200 payment is $200 in child support.
A payment of $250 is $250 in child maintenance.
A balance of less than $200 is considered a non-payment and will be collected by the obligor.
Child Support Enforcement Procedures In addition to the provisions of Illinois Code of Civil Procedure, Illinois courts have also adopted certain provisions of the United States Department of Labor’s Uniform Wage and Hour Standards for Child Support.
These standards specify that an employer must provide an employee with reasonable pay, including benefits, and an employer should provide a reasonable substitute for any compensation that the employee may receive from the employer.
This means that an employee is entitled to an employer’s reasonable wages and is not entitled to reimbursement for any additional compensation that may be necessary.
For example, an employee who is required to work 20 hours per week may be entitled to receive compensation of $1,600, plus $100 for overtime, when the employer pays her $200 per week.
The employer must also provide an alternate form of payment, such as a check or credit card.
The state requires that the employer provide written notice of the alternate payment option.
The notice must be given to the employee and must state the alternate form and the date on which the alternate will be paid.
A notice of alternate payment must also be given within 14 days of the notice being given.
The employee may appeal an order to the Court of Claims if the alternate is not paid within 14 calendar days after the order is issued.
The order must state why the alternate should not be paid and include the alternate method of payment.
A decision by the Court to grant the appeal is final.
Illinois Parental Responsibility Act The Illinois Parenting Responsibility Act (IPRA) was passed by the Illinois Legislature in 1989.
The IPRA requires parents who are currently divorced or separated to pay $300 in child and spousal support each month until the child is eighteen years of age, at which point the payments will be reduced by the IPRA payment formula.
The Illinois Court of Appeals has upheld the IPLRA’s child support payments, and has also approved the IPPA’s alternative payment options.
Child Maintenance Rules The Illinois Child Maintenance Act (CMA) sets the minimum maintenance requirements for each parent and applies to each child regardless of the length of the child’s residence.
The CMA sets child maintenance fees at $150 per month and requires child maintenance to be paid for at least a three-year period.
Child Custody and Support Enforcement Illinois child custody laws generally apply to children under 18 years of a person’s age, regardless of their current marital status.
Illinois child maintenance laws do not require that the custodial parent pay child maintenance or that the child be placed in a foster home.
The court can also issue a court order requiring a parent to pay a nonrefundable maintenance fee for the custodian’s child and the child must remain in the custody of the custodians parent until the custodiant is discharged or is otherwise emancipated.
Illinois Probate Court Rules Probate courts in Illinois have a number of rules and requirements that apply, and you may need to comply with them.
For more information about child support laws, refer to the Illinois Probation Code of the Office of Child Protective Services (OCPS) at www.childsupport.illinois.gov.
For child custody cases, refer directly to the Cook County Board of Review.
If the child in question is under 18 and resides with the child support arrearage, the child may also be entitled for support by the County Probate Judge (POW).
A child’s guardian may also receive child support from the county court.
If you are a child support collector and are involved in a child custody dispute with your child, contact the Child Support and Child Custard Unit at www .childsupportprod.ill