Legal Question in Family Law in Illinois

Yes, in Illinois residential custody is decided, at least in part, by looking at the multiple factors set forth in the 'best interests' statute. However, the court may also look at other factors, such as 'who is the primary caretaker'? Child support is a completely separate issue and usually is determined using 'statutory guidelines'. In short, the guidelines look at the number of minor children in need of support, then takes a percentage of the non-residential parent's net income per pay period. For example, for one child the guidelines state that the non-residential parent shall pay 20% of his or her net income per pay period. Typically, one parent has residency and the other pays child support.