In 2016, Governor Bruce Rauner signed into law Public Act 99-0764, which went into effect on July 1, 2017. The purpose of the act is to change how child support is calculated in Illinois. The new law will use the income share model for calculating child support, which is already customary in many other states.
What Does the New Law Mean for You?
When the income shares model is used for calculating child support, courts are directed to award a minimum percentage of the non-custodial parent’s net income. The income of the custodial parent will not come into play.
This model uses an economic table (published by the Illinois Department of Healthcare and Family Services) that determines the estimated costs of caring for a child if a couple was living together. Based on the couple’s combined income, the number of children, and the cost of living, each parent is responsible for a portion of those costs based on their income. This could mean that current child support amounts will go up or down, depending on the situation.
Other Ramifications of the New Law
In situations where parenting is shared, which is defined as both parents having the child for a minimum of 146 overnights per year, the new law also changes support obligations. The base amount of child support will increase for both parents. But in these shared situations, the more time you spend with your child, the less your child support obligation will be—after you have met the 146 nights per year criteria.
Under the new law, the court is given the option of deviating from the recommended guidelines that it deems appropriate.
Contact Robert M. Kaplan in Cook County
Every situation is different, and if you have questions about the new child support laws in Illinois, contact Robert M. Kaplan. With his experience and knowledge, he can examine your current custody arrangement and let you know what the new law might mean for you. Call today for a consultation!