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Child Support: Recent Changes in Illinois

Posted: December 15, 2017

As of July 1, 2017, the calculation of child support in Illinois drastically changed.  The General Assembly enacted a new child support statute entitled “Income Shares.” Child support is no longer computed as a percentage of the payor’s net income. Child support is now determined on both parties incomes and the number of children.  Income Shares is the new method to determine how parents should share in the cost of raising a child or children when one parent does not live in the child’s home.  The new child support amount is based on the typical cost of raising a child or children in a family with the same combined standardized net income and number of children (as determined by the Illinois Department of Healthcare and Family Services).  The statute amount also provides for a division of the healthcare insurance premiums attributable to the child or children which can affect the final child support amount.  In addition to the  basic support, the court may order a contribution towards extracurricular activities, school expenses, healthcare needs  and child care expenses. The new statute provides for a reduction in support for those parents who exercise 146 or more overnights with a child or children.  An increase or decrease from the basic support obligation is available in certain circumstances, such as extraordinary medical expenses to preserve the life or health of a parent or child or additional expenses for a child who has special medical, physical or developmental needs.

The change in law alone does not entitle a parent to modify his or her previously set child support amount. The amended statute applies to all cases where the support is set on or after July 1, 2017.  It may apply to previously set child support, if,  you are able to meet the criteria for modification. Before seeking a change in child support, it is highly recommended that parents determine the effect of the new statute on the amount you will receive or pay.  If you’d like to learn more, please give us a call.

These materials have been prepared by Haskin Law for informational and educational purposes only and do not constitute legal advice. This information is not intended to create, and receipt of it does not create, an attorney-client relationship.

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