Illinois will have a new Child Support law as of July 1, 2017
On July 1, 2017, Illinois’ child support law will change to an Income Shares model. This means that the incomes of both parents will be considered when determining child support obligations.
From 1984 to the present, Illinois has set child support amounts by using a percentage of the obligor parent’s net income without regard to the income of the recipient parent.
This is a radical change, but Illinois is merely keeping up with the rest of the nation. We are now the fortieth state (plus the District of Columbia) to adopt the Income Shares model.
This new method attempts to reflect a family’s child-rearing expenses, and how they were shared by the parents prior to their divorce or separation.
This website will explain Income Shares in great detail as July 1, 2017 draws nearer. It is extremely complicated, and divorce lawyers are now attending seminars to learn its intricacies. However, put in its simplest form, Income Shares goes like this:
You take both parents’ net yearly incomes and add them up. Each parent’s percentage of the total net income is then determined. The yearly cost of raising a child is set by an official pre-determined Schedule of Child Support Obligation. Once the cost of raising the child is known, then each parent’s percentage of income is applied to the cost, and then we know how much each parent must pay toward the child’s support.
This calculation becomes more complicated in cases where there is shared parenting. This occurs when each parent has the child for 146 (or more) overnights per year. 146 overnights are equal to 40% of the available overnights each year, and 146 is the magic number for determining whether shared parenting is present. (50% of parenting time will no longer be the “norm”). Shared parenting adds a new level of complication to determining child support obligations because different calculations are applied when both parents have such extensive time with the child.
Again, we will continue to update this page to give you more details about the new laws as its effective date – July 1, 2017 – draws nearer.
Nevertheless, and until July 1, 2017, Illinois’ child support law remains as described.
Answer: At present, our Illinois courts determine child support payments by using a percentage formula – The Court shall determine the minimum amount of support by using the following guidelines – While our above statute states that the above percentages will be the minimum amount of support to be paid, the minimum has become the norm. The above percentages presume that the children reside … [Read more…]
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