Child support in Illinois has recently changed. As of July 1, 2017, we no longer based child support on the net income of the person who doesn’t live with the children. The old formula was 20% for one child, 28% for two, 32% for three, and 40% for four. We would calculate a party’s net income under 750 ILCS 5/505, and take a party’s gross income minus certain specified deductions. Now, the calculation takes into account both parents’ incomes.
Another change is the amount of overnights each parent has with the child. A person who pays child support will pay less, the more time that is spent overnight with the child.
The new law takes effect July 1, 2017. The new law also says that you are not entitled to a modification of your old support obligation just because the law changed. You’ll still need a “substantial change in circumstances” in order to get a modification which will take into account the other parent’s income.
The law eliminates the former percentages and creates what is called the income shared approach. “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”. 750 ILCS 5/505 (a)(1)(D).
For example, if there are two children, and if based on the combined income of the parents, $50,000 annually is spent on the two children, and if the father has 40% of the combined income and the mother 60%, and if the father is to pay child support, he would pay 40% of the $50,000.