How Will Illinois’ New Child Support Laws Affect You?

 Posted on September 20, 2017 in Family Law

In July, Illinois put into a place a new way to calculate child support obligations. The new method takes into consideration the amount of time each parent spends with the child as well as each parent’s income.

Previously, the non-custodial parent paid the custodial parent a percentage of income based on the number of children being supported. Under the new model - called the income shares model - there are more factors, leading to a more complicated calculation that may increase or decrease the amount of child support paid each month.

In situations where one parent has a majority of the parenting time (or custody), the calculation is made as follows:

• Each parent’s net income will be calculated according to the Gross to Net Conversion Chart.
• Determine the combined net income by adding the net incomes together.
• Assign the percentage of each parents’ net incomes. For example, if the father makes $6,000 net income, and the mother makes $4,000 net income, the father would be assigned 60 percent and the mother 40 percent.
• The combined net income is located on the Income Shares Chart, which factors in the number of children being supported. This number is the basic child support obligation.
• The basic child support obligation is multiplied by the percentages as determined above.
• The parent with whom the child lives with most of the time is presumed to spend this amount on the child. The parent who has less parenting time will pay his or her percentage share to the other parent.

Note that a different calculation is used when the child spends 146 or more nights with both parents.

Illinois also offers an online calculator that can give you an estimate of how your child support payments may change. A family law attorney is in the best position to determine an estimate and may be able to successfully argue for a different amount to a court.

Are You Eligible for a Recalculation?

In order to take advantage of this new calculation through a legal proceeding called a modification, you still must demonstrate that you have had a material change in circumstances. You cannot justify a modification based only on the enactment of the new law.

Material changes in circumstances include:

• An increase or decrease in the paying parent’s income by 10 percent or more;
• Change in the needs of the child; and
• The child no longer lives with the parent receiving support.

Retain a Hinsdale, IL Child Support Lawyer

If you are interested in seeing how the changes in the law could alter the amount of child support you pay or receive as well as if your case qualifies for recalculation, a family law attorney can help. In meeting with an attorney you can see what options are most advantageous to you and your family.

The experienced DuPage County, IL child support attorney at the Law Office of Martoccio & Martoccio can be reached at 630-920-8855. Call to schedule your first meeting today.