Changes Coming to Illinois Child Support Laws

 Posted on January 23, 2017 in Child Support

While very few people would dispute the appropriateness or the need for child support, there are differing opinions regarding how support payments should be determined. For many years, Illinois law based child support calculations primarily on the income of the supporting parent and the number of children needing support. Beginning next summer, however, the state’s approach will be changing to one that is seen by many as more equitable since it accounts for both parents’ income and the actual cost of raising a child.

Income Shares Child Support Model

Last summer, Illinois Governor Bruce Rauner signed a measure several years in the making. The new law provides a totally updated model for determining a parent’s child support obligation. The method is known as “income shares” and is currently in use in more than three dozen other states. According to the income shares model, the combined income of both parents is used to determine a “basic support amount,” or the amount that the couple would spend on raising their child if they had remained in the same household. The Illinois Department of Healthcare and Family Services has been tasked with developing a table for determining this amount as a percentage of the parents’ combined income.

The costs associated with the child’s education, daycare, and other expenses can be added to the basic support amount to obtain an accurate picture of the child’s presumed needs. The total amount is then divided between the parents in accordance with each parent’s percentage of contribution to the combined income. For example, if the parents’ combined income is $8,000 per month, with Dad making $5,000 and Mom making $3,000, Dad would be responsible for 63 percent of the total support amount. The new method also includes ways to account for shared parenting time in situations where the child spends 146 or more overnights per year with each parent.

Comparisons to the Current System

If the same couple were to have a child support order calculated under the current law, Mom’s income would not factor heavily in the calculation. The existing law also does not include considerations for shared parenting time. The court has always maintained a level of discretion in issuing child support orders, but the new law represents a dramatic change in how the state views each parent’s financial abilities and responsibilities.

When the Department of Healthcare and Family Services releases its income tables, more realistic examples will be possible. The new law is scheduled to take effect on July 1, 2017.

Call a Skilled Family Law Attorney

If you have questions about any issues related to child support, including how the new law may affect your existing child support order, contact an experienced Kane County child support lawyer. Call Goostree Law Group at 630-584-4800 for a free consultation today. We will help you find the answers you need and provide the responsible, compassionate representation you deserve.

Sources:

http://www.ilga.gov/legislation/publicacts/99/PDF/099-0764.pdf

http://isba.org/sites/default/files/sections/younglawyersdivision/newsletter/Young Lawyers Division August 2016.pdf