Calculating child support in Illinois
Calculating child support before July 1, 2017
Until July 1, 2017, guideline child support in Illinois was calculated based on the paying spouse’s income only. It also allowed for various deductions to determine the paying spouse’s income. The paying spouse’s net income was then multiplied by a percentage based on the number of children (e.g., 20% for 1 child, 28% for 2 children, etc.). There were nuances to the statute and the courts could deviate when appropriate; however, the calculation was relatively straightforward.
Calculating child support now
Effective July 1, 2017, Illinois enacted a new child support statute that utilizes both parents’ incomes to calculate guideline child support. This is a significant difference from the old statute, which only considered one parent’s income.
Under the current statute, if the paying parent has 146 or more overnights in a given year, their support obligation is less. The new child support formula does not allow all of the same deductions from gross income as the old formula. Further, the statute codified the court’s ability to impute income to a parent. And these are just some of the changes that were introduced.
The current statute is not retroactive
It does not automatically apply to existing child support obligations calculated under the old statute.
In order to have a prior child support obligation modified, an individual must still demonstrate the existence of a substantial change in circumstances. The new statute is not a substantial change in circumstances that would allow the court to revisit the issue of child support.
Questions you may have:
What if I’m supporting a child from my current marriage?
What if I’m supporting a child from a different former marriage?
How is my income determined if I own a business?
What if my spouse is underemployed or unemployed?
What if I have one child for the majority of the time and my spouse has our other child for the majority of the time?
What if my income or my spouse’s income fluctuates from year to year?
Can I receive a deduction for my student loans?
Can the court order me and/or my spouse to:
provide health insurance
contribute to the premiums
pay for uninsured healthcare expenses
pay for extracurricular activity expenses; or
contribute to childcare expenses?
Let us answer your questions
It’s important to understand your options in the ever-changing field of divorce and family law.
Child support calculations depend on a variety of factors, and they get complicated fast. If you have questions about your specific circumstances, schedule a consultation with one of our knowledgeable attorneys at Steiner Howeth Pasquesi & Hatch or call us at (847) 604-8300.
