Monday, January 9, 2017

Major Changes Coming to Illinois Child Support Law

We remain in the dark at this point as to numbers, but what is clear is that the legal structures and formulas by which Illinois child support awards are determined are set to be revolutionized this coming July.

Whereas now the vast majority of child support awards can be expressed via a few simple percentages (i.e. 20%, 28%, 32% or 40% of a payor's "net income" based on number of children), the new statute (750 ILCS 5/505) will take into account both the relative incomes and the shares of parenting time of both parents.

Again, support numbers will in-part depend on guidelines and tables yet to be published by the Illinois Department of Health Care and Family Services.

Here is an article that runs through many of the extensive changes in summary fashion http://illinois-family-lawyer.com/blog/articles/new-illinois-child-support-law-taking-effect-in-2017/

Notably under the new statute, "if each parent exersises 146 or more overnights per year" with a given child, each parent will have a child support figure assigned to him or her based on his or her share of parenting time and their combined income, and the two figures will then be 'canceled-out' against one another to reach a net support figure that one of the parents actually pays to the other.

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