In July, Illinois began using a different formula to calculate child support, bringing the state into line with the majority of the country. At the SAM LAW OFFICE LLC, we have experience handling a wide range of family law matters ranging from divorce and spousal maintenance to child support and custody issues. As a top rated family law firm, we are uniquely equipped to help our clients resolve their issues with as little personal upheaval as possible. We also pride ourselves on staying up to date on the most recent legal trends and changes, so if you have questions about how the new child support calculation could affect you, feel free to contact a member of our Rolling Meadows divorce lawyers for advice.
The Income Shares Model
Prior to July, courts were instructed to use a series of percentage guidelines when determining child support. Under the new model, courts instead apply an Income Shares model, a version of which is used by 39 other states. The new changes still require courts to use a formula when calculating child support, but rather than using both parties’ net incomes, courts must now calculate their gross incomes. Furthermore, health insurance costs, union dues, mandatory pensions, and other deductions, which used to be factors under the prior model, now no longer come into play. Additionally, the parties are able to deduct child support, even if it is not being paid pursuant to a court order.
Does Parenting Time Affect the Amount of Child Support?
Under the prior law, parents who had primary custody could be required to pay child support, but it was relatively uncommon and there was no specific formula in place to calculate the amount. According to the new changes, if a residential parent has significantly more income than the non-residential parent, there is a good chance that the residential parent could be required to contribute child support. Parenting time will also play a role in how much a person is required to pay in child support, if he or she has custody of the child for at least 40 percent of the time, which translates to around 146 nights.
Modifying Child Support
Those whose child support orders were issued prior to July can request a change in their order to conform with the new law. However, the request will only be granted if there has been a substantial change in circumstances since the original order was entered, so just because a person would pay less child support under the new law does not mean that a court will modify the order.
Call Today to Speak with a Dedicated Child Support Lawyer About Your Concerns
Please contact the SAM LAW OFFICE LLC at 847-255-9925 to schedule a free consultation with an experienced and compassionate Rolling Meadows divorce lawyer who can evaluate your case and explain your legal options.