SUBSTANTIAL CHANGES TO THE
​ILLINOIS CHILD SUPPORT STATUTE
​IN JULY, 2017

​Commencing July 1, 2017, the Illinois Child Support Statute is radically changing.  Currently, child support is based on the payor’s net income from all sources.  The new statute attempts to presume the financial “lifestyle” of the child or children as if the parties were still together.

Currently, the payor is obligated to pay 20% for one child, 28% for two children, 32% for three children and 40% for four children. The statute that is going to be enacted will adopt an “income sharing approach.” Courts will be required to: “To calculate child support based upon the parent’s combined adjusted net income estimated to have been allocated to the child if the parents and children were living in an intact household.” 

The court pursuant to the new statute will look at the following:

1. Determine each parent’s “net income”
2. Combine both parents’ net incomes to determine the combined net income
3. Determine what percentages of the combined net income is represented by each parent’s net incomes
4. The combined net income from step 2 will be plugged into a special chart to determine the child support amount
5. Multiply the resulting number from step 4 with the percentages from step 3, for each parent
6. The resulting numbers are each parent’s child support obligations

What the child support statute will also take into account is if a former spouse is receiving maintenance (formerly known as alimony).  The court will consider that as income for determining child support and is part of the formula.  Also, other forms of income such as Social Security Benefits are considered income and is included in the formula.

​As considered by the previous statute, the court may order, in addition to child support, contribution to extracurricular activities, uncovered medical expenses, child care, summer camps, etc.  As I tell clients the most simplistic way to explain child support, is roof over the child’s head, clothes on their backs, and food in their belly.  What is mentioned above is in addition.

What also is new and significant with the new statute is the court can take in consideration how many overnights the parents spend with the child/ren.  “If each parent exercises 146 or more overnights per year with the child, the basic child support obligation is multiplied by 1.5 to calculate e the shared care child support obligation.”

The problem I see with the new statute is the overnight provision.  I see parents using this as a financial issue to lower their support amount.  I foresee litigation so that one or the other parent reaches the magical “146” number whether practical or not.  This is not in the best interest of the child.

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At right, is an example of the calculation.  Based on this scenario, the parties have one child. Mom is the residential parent earning $50,000 annually.  Dad earns $100,000 annually and has 100 overnights with the child.  As you can see, Dad is obligated to pay $878.00 per month for child support.  Under the old statute is obligation would have been $1,057.00 (20% of net income.) 
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​The new statute is going to be interesting as it is a substantial change.  Hopefully all the kinks will be worked out and it will be effective.

If you have any questions or concerns, please don't hesitate to contact Josh Beyer at 847-807-5633 or [email protected]. 
  
 

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Below is an example of the calculation.  Based on this scenario the parties have one child. Mom is the residential parent earning $50,000 annually.  Dad earns $100,000 annually and has 100 overnights with the child.

click image to open enlarged version

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