Illinois Revamps Child Support Calculations

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illinois family law

New child support calculations will be implemented on July 1, 2017. Prior to this overhaul of the calculations, child support was generally determined based upon the payor’s income and number of children. For example, a person who was obligated to pay child support (generally the non-custodial parent) had to pay 20% of his or her net income for one child, and higher percentages for more children.

This model of child support calculations seems to be dated, however, as most states now use the dual income model, where both parents’ income is used together to determine what the correct amount should be. Further, non-custodial parents can get credit if they have custody of the child for over 146 days per year. Although this is generally seen as fair to parents, others worry that parents might further fight over custody if one parent is trying to reach the 146 day threshold to lower the child support payments.

Another issue that arises is whether many parents are going to try to modify their child support payments if the new calculation results in a lower payment. However, the modification of child support is still generally going to be based on whether there has been a substantial change of circumstances that would justify the court reviewing the child support calculation. This could be 10% or more difference in payment either up or down.

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