If you've got children involved in your custody or divorce case, you will have to address the issue of child support. The law on child support in Illinois changed in July, 2017. Illinois used to follow a guideline percentage model of child support, where child support was set based upon a statutory percentage of the paying party's net income. Now, Illinois follows what is called the income shares approach. Under income shares, the parties collective net income is calculated. That number is translated, through a chart, into a basic support amount which is assigned to each party based upon his or her share of the collective net income. If it sounds like it is a much more complicated system than before, you're right, it is.
Here's an example. John makes $4,000 net per month and Jane makes $3,000 net per month. They have two children. Let's assume that Jane has the children the majority of the time, and John is paying child support. The Illinois income shares chart, which you can see here, says that a family of two spends $1,708 per month on basic support for their children. John's share of the basic support obligation would be $976.00 per month (($4,000/$7,000) x $1,708). The law presumes that Jane contributes her share through paying for the basic expenses that are included in the obligation. For comparison, under the old guidelines, the supporting parent would have paid 28% of their net income for two children. So John would have been paying $1,120 per month under the old law, but pays $976.00 under the new law.
As you can tell, one of the critical pieces of the new child support calculations, like in the old calculations, is figuring out your net income. For some people, net income is a relatively straightforward calculation. But for small business owners and farmers, the calculation of net income can be complicated and a skilled attorney can be a tremendous asset in ensuring that net income is calculated in the most advantageous manner possible.
Beyond the basic support obligation, there are a variety of additional expenses that the new child support statute addresses. Health insurance and healthcare expenses, extracurricular expenses, child care expenses, and college expenses are all potential additional obligations that the courts can impose under the new statute. For some of these expenses, like health insurance and child care expenses, the parties contribution is proportionate to income, just as the basic support obligation is divided.
As you can see, calculating child support and the associated expenses is complicated. Depending on the age of your children, the calculation of your child support obligations can affect your financial life for years to come. An experienced and skilled attorney can be extremely valuable in ensuring success in your child support case. Contact us online or by calling .