Child Support Reform Delayed in Illinois

 Posted on February 18, 2013 in Divorce

NOTE: A new law defining how child support is calculated in Illinois goes into effect in July 2017. For more information, please visit our Child Support page.

The DePaulia, the student newspaper for DePaul University, has highlighted the fact that it been over two years since the Illinois Child Support Advisory Committee recommended that Illinois perform a major overhaul of the Illinois child support calculation model. Despite this clear recommendation, however, the General Assembly has failed to take any steps toward child support reform thus far. 38 other states have reformed their child support calculation guidelines or models since the 1980s. Illinois currently uses what is known as the “percentage of obligatory net income” model. Under Illinois law, the parent who is ordered to pay child support must pay a flat percentage of his or her income, based on the number of children the parties have together. A major criticism of this model is that it fails to take into account the custodial parent’s income, or the amount of visitation that the noncustodial parent exercises. In contrast, the income shares model, which is used in many other states, considers both parents’ incomes, as well as the amount of time that the noncustodial parent spends with the child. Experts advocate the use of the income shares model as a more fair and rational way of allocating financial responsibility for a child between the parents. Critics of the long delays in the child support guideline reform process point to the ongoing dispute as to whether the proposed reform should be based on parents’ gross incomes or net incomes. Another question lies in what percentage of time a noncustodial parent must spend with a child in order to impact his or her child support obligation. More importantly, at least one child support reform advocate notes that while politicians, lawyers, and judges are heavily involved in the drafting process, parents – who arguably most affected by such reform – are largely absent from the process. While child support reform may become applicable to parents at some point in the future, divorcing parents now must follow the current Illinois laws with respect to the calculation of child support. Whether you will be paying or receiving child support in the near future, it is best to consult with an experienced Crystal Lake divorce lawyer in order to get a clear idea of the amount of support that will be involved in your case.