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Changes in Child Support Calculations in Illinois

Posted on in Child Custody

Changes in Child Support Calculations in Illinois, Divorce, Family Law Going through a divorce is a very personal and difficult process. It not only involves the law, but finances and family as well. One of the  most contentious issues when a couple is going through a divorce is child support. Who is going to pay what to help support the needs of any children involved in the divorce? Under the existing Illinois law, child support is calculated based on a certain minimum percentage of the non-residential parent’s net income, regardless of the income of the primary residential parent. The non-residential is the parent who does not have have the majority of decision-making responsibilities or parenting time with his or her child by order of the court. The calculations produced by the law for child support  did not match the needs of the children or reflect accurately the amount of assets the non-residential parent had available. 

What Has Changed?

The new law set to take effect in July 2017 changes the way that the court calculates the amount of money the non-residential party must pay in child support. The calculation is different in that the new law will use an income sharing model.  Potential variables that may be used under the new law include that the Illinois Department of Healthcare and Family Services will develop specialized economic tables. These tables will calculate the amount of assets that will be used for child support based on cost of living and the number of children. This is different from the current law which tells courts to base the calculation on a non-residential parent’s net income. The new law tells the courts that the calculation will be based on each parent’s proportional responsibility to fund the child or children’s care relative to the income each parent has. 

How Does This Work? 

Under the new law, the court will first determine how much money is needed to raise and care for children. Once the court has determined the amount involved, it can calculate how much money each parent will pay based on factors such as cost of living, net income, or projected income (if one parent is unemployed or underemployed). 

If you are going through a divorce and share children with your ex-spouse, many emotions will be involved in the process. Consult a legal professional to help you through these sensitive matters. Contact an experienced Barrington divorce attorney at 847-381-8700, to schedule an initial consultation. 



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