Understanding the Changes in Illinois Child Support Law

Starting from July 1, 2017, the method used for determining child support in divorces has changed. The Illinois Department of Healthcare and Family Services (IDHFS) will now use the income shares model for the calculation of child support payments. Previously, the percentage method was used where the amount of child support was calculated based on the net income of the paying spouse and the number of children during the marriage. It is important to note that child support orders that were established before July 1, 2017 will not be affected by this change.

New Income Shares Model for Determining Child Support in Illinois

The new method for child support calculation considers the general costs associated with raising a child at the same income level when a family was together. It holds both parents accountable to provide for their child(ren) instead of just the non-custodial parent. The income shares model allocates a certain portion of obligations to each parent depending on how much they were able to financially contribute to the household income during the marriage.

Factors Affecting Child Support under the Income Shares Model

Three main factors are considered during the calculation of child support payments under the income shares model:

  1. Basic Child Support Obligation: This refers to the combined value of child support that both parents have to pay. The individual contribution is determined through proportional division of the combined household net income of both parents, which is calculated with the help of income share table.
  2. Parenting Time: It is the amount of time each parent has to spend with the child(ren). The parent with the most parenting time receives child support. However, in shared parenting situations, there are some variations included to the statute that allows the court to calculate the payments.
  3. Additional Expenses: This refers to the costs in addition to the basic child support obligation. They may include outstanding health or medical insurance, extracurricular activities, and child care expenses – they are determined by the court.

Calculating Child Support in Illinois

There is not a formula that has been officially introduced for calculating child support, but here is one to give you a general idea:

(Contribution of one parent to combined net income x Basic child support obligation) + (Contribution of one parent to combined net income x additional expenses) = Total Child Support

The total child support will be paid to the parent with most parenting time by the parent with less parenting time, however, this is only applicable in non-shared parenting situation. In case of shared parenting, a few additional steps will be taken by the court.

The new changes to child support laws can be confusing for many couples thinking of filing for a divorce. If you want to know how the new changes to Illinois child support laws can affect your divorce, you should talk to our experienced family law attorney. Contact The Fitzgerald Law Firm, P.C. today to discuss your case.