Starting July 1, 2017, Illinois courts will follow new guidelines in determining child support. The new rules will take the income of both parents into consideration, joining 38 other states that use the “Income Shares” model. Legislators introduced the bill in February 2015, and Gov. Bruce Rauner signed it into law in August of this year. Prior to this adjustment, Illinois had not altered its child support policies since the 1980s, according to Sen. Michael Hastings (D-Tinley Park), who sponsored the legislation. Sen. Hastings and other legislators believe the new guidelines will modernize child support in Illinois and offer a fairer system for families.
Current Illinois Law
Illinois currently determines how much non-residential parents must pay in support to their children’s other parent by looking at only their incomes. Statute 750 ILCS 5/505(a) outlines the percentage of income the court should order as child support based on the number of children in the family. Non-residential parents who must provide support for one child are required to pay 20 percent of their net income. Parents supporting two or three children pay 20 percent and 32 percent, respectively, of their net income while those supporting six or more children pay 50 percent. However, judges have some discretion in deviating from these guidelines depending on the financial resources of the parents and children.
Many people, like Sen. Hastings, believe this to be one of Illinois’ more archaic laws. The current model does not take into account the incomes of residential parents, which results in an objective but unfair outcome for the required support payment. This lack of consideration for both parents financial states can put them in extremely difficult positions, having to choose what other bills to not pay in order to fulfill their child support obligations.
The Income Shares Model
Next year, Illinois will follow a majority of states by evaluating the net incomes of both parents, parenting time, and additional expenses when calculating an appropriate amount of child support. The law states that the Illinois Department of Health and Family Services must establish child support guidelines that include a table outlining the percentage of combined net income that parents living in similar households in the state ordinarily spend on their children. The aspiration is that this should provide a more balanced approach by considering how much both parents are expected to contribute to raising their children. The court will also look at how much parenting time each parent has. If the time is shared almost equally, the court will calculate support for each parent to determine who owes child support to whom and how much.
Under the new law, there will be a rebuttable presumption that the amount determined under the guidelines is correct. In order for judges to order a different amount, they must outline in writing why they are deviating from the guidelines. Parents who believe the guidelines do not take their circumstances and the children’s needs into account should work with an experienced family law attorney to argue for a deviation.
Necessary Expenses Expanded
Additionally, the new child support law will enable judges to order support for child care expenses, school and extracurricular activities, health insurance and unreimbursed medical expenses. This clears up ambiguity in Illinois’s current child support rules and expands on what certain expenses entail. For example, the new statute will define “child care expenses” as any care reasonably necessary for a parent to go to school, train for work, or look for job opportunities. It will not be limited to child care necessary while the mother or father is at work.
Addressing Purposeful Unemployment
The law gives courts the power to address situations in which a parent is purposefully under- or unemployed. If a judge encounters a parent who is intentionally not working, the judge can calculate child support based on that individual’s potential income. If the parent has a limited work history, the judge can use his or her probable earning potential to calculate support.
Contact a Chicago Child Support Lawyer Today
If you have questions regarding the current Illinois child support guidelines or how the system will change next year, please feel free to call me at (312) 621-5234 or email me to schedule a consultation. Whether you need to have child support figured out now or you are expecting a child next year, I can help you understand your rights as a parent and navigate the legal system.
