Child Support Overhaul

Child Support Overhaul, child support, family law, divorce, spousal maintenance, DuPage County child support attorneyChild support is often a contentious part of a divorce. A massive change to the way that child support is calculated is set to take effect this July. It updates and streamlines an outdated method of calculating child support.

Under current Illinois law, child support is calculated using a fixed formula that requires a non-residential parent to pay a fixed percentage of their income. This was problematic because the one size fits all formula produced results that did not satisfy the needs of the child nor were the calculations developed to address the best interest of any children involved.

How Will Child Support Be Calculated Under the New Law?

Instead of using a static formula for every case that the courts preside over, the new law set to take effect in July uses an income sharing model to calculate the amount of money each parent will be responsible for. The profit sharing model means that courts will first determine the amount of money that would be spent on childcare if the child or children’s parents were not getting divorced. Once that amount has been determined the court then factors in variables like:

  • Amount of parenting time
  • Financial capabilities of each parent
  • Educational needs for the child
  • Financial needs of the residential parent

Changes to Income Calculations

Under the new law if one of the parents is unemployed or underemployed the court will use 75% of the most recent U.S. Department of Health and Human Services Federal Poverty Guidelines to determine what that parent’s income is. There is also a minimum of $40.00 a month in child support demanded by the new law.

For the first time in Illinois, the courts will now consider maintenance or what was previously referred to as alimony as income for the purposes of calculating child support. Public benefits like supplemental security income, supplemental nutrition assistance, and temporary assistance to needy families will not be calculated as income for the purposes of determining how much child support each parent is responsible for.

Can I Modify a Pre-existing Child Support Order Under the New Law?

That is a question for your DuPage County child support attorney. At the Law Offices of Matthew M. Williams, P.C. our legal staff will take the time to fully explain your options moving forward and attorney Matthew Williams will put his proven years of experience into mapping out the best strategy to get the most favorable outcome in your case. Contact our Aurora office today by calling [[phone]].

 

Source:

https://illinois-family-lawyer.com/blog/articles/new-illinois-child-support-law-taking-effect-in-2017/

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