A divorce can be devastating for all members of the family, but none more so than the children. Child support can ensure children get enough financial support for their education and basic needs. However, Illinois laws have undergone changes in this regard, which disputing parents should be aware of.
Old vs. New Child Support Law
According to past child support law, the amount for child support included a specific minimum percentage of the net income of the parent who did not have custody, irrespective of the amount they earned. According to the new law, these guidelines have been replaced with a shared model, which mimics laws in other states. In other words, now both parents have to pay for child support – according to their combined net incomes.
The Calculation Involved
Here are some steps that go into the new calculation:
- The net income of both parents is determined by taking it through a gross to net conversion chart.
- The net incomes are combined to get the combined net income amount.
- The percentages of the combined net income for both parents are determined.
- The combined net income is entered into an income share chart to calculate the basic child support obligation each parent must pay.
- The resulting number is multiplied with the percentages of the combined net income that was calculated.
- The resulting numbers will represent each parent’s obligations for paying child support.
However, the amount meant to be paid by the non-paying or custodial parent will be presumed as paid because they spend most of their time with that parent. The non-custodial or paying parent must pay the child support obligation in full to the custodial non-paying parent.
If the paying parent does not have a job or enough income to provide enough child support, the burden will fall on the supporting parent. However, if the non-custodial parent does not get employment voluntarily, they do not get off Scott free. In this case, the court will determine the income they can earn to calculate child support on the behest they will get employment in the future to pay it or face the consequences in court. The calculation can be made online.
If you are looking for a family law attorney in Naperville, Illinois to represent you in court during a divorce proceeding or while determining child support, get in touch with the Fitzgerald Law Firm today. We understand how critical those decisions will be for your future and our attorneys are trained to represent clients aggressively in and out of court.