Anderson & Boback Logo
calculating Illinois child support

Calculating Child Support Under the Revised Child Support Statute in Illinois

Published
Categorized as Child Support, Child Support Modification

One of the biggest challenges parents face in Illinois family law cases relates to calculating child support under the revised child support statute. In Illinois family law cases, the child support statute requires income information from both parents in order to calculate support, as well as a parenting time schedule.

3 Challenges in Calculating Child Support Under Illinois Law

Under the old Illinois statute, calculating child support it was only required that a parent know their net income and a simple percentage calculation told them what their child support obligation would be. Judges and lawyers could easily calculate a rough estimate for child support off the top of their heads. Now, changes in the child support calculation in Illinois has moved to income sharing which makes things a bit more complicated.

  1. Setting Temporary Child Support

    Temporary Support under the Old Statute

    First, in a new case, setting a temporary child support order for the pendency of the case was simple. Parties would exchange financial affidavits and it would be easy enough to calculate the obligor’s child support obligation. However, due to the impact that the number of annual overnights has on child support calculations in Illinois, a temporary parenting time schedule is essentially necessary before the Court can enter a temporary child support order.

    Temporary Support Under the Revised Statute

    Now, a child support order at the beginning of a case is almost always without prejudice and modifiable, especially if it is in place during the pendency, but knowing the parenting time schedule looks like can seriously and significantly impact the child support order. It can even change who the obligor is and who the obligee is in situations where parties earn similar amounts and have nearly equal parenting time. So, temporary support orders during the pendency of the case have become a bit more challenging.

  2. Other Parent’s Income Impact on Child Support Amount

    Another challenge under the new statute is that the other party’s income affects your support obligation. If they earn more, you pay less, and vice versa. So, now, suddenly litigants have an interest in the other party’s earnings.

    In divorce cases where maintenance is at issue, this has always been the case, but now this is becoming an issue in child support cases, whereas before it did not matter what the obligee earned because it didn’t impact support. The child support statute has taken this into consideration and there is a provision regarding the Court being able to impute income to the obligor when they are underemployed or unemployed.

  3. Attorney Preparation for Child Support Hearing under the New Law

    Finally, one of the largest challenges under the revised child support statute is for attorneys and the preparation needed for hearings on child support. Sometimes a party’s earnings are not particularly clear from their pay documents and the Court will need to make a determination as to what the parties’ respective incomes are, at the actual hearing itself. Then, child support will need to be recalculated during the hearing. Attorneys now have to calculate numerous child support scenarios to try and determine the possibility of what the Judge may order at the hearing, so they can ensure they have a properly calculated child support amount at all possible income scenarios.

Get Trusted Advice from an Experienced Child Support Attorney

Overall, the new statute does have benefits, especially that it takes into consideration the time spent with both parents and the income of both parties. However, additional preparation and information are needed to run child support calculations at the beginning of cases, which can be problematic if that information is not received timely.

Was this information helpful?

You May Also Like

A cohabitation agreement is an agreement or contract entered into between two people living together in the same household who are in a romantic relationship but not married. With more millennial couples choosing to live together, whether planning to marry…

When going through a divorce it's not uncommon to think "I never want to get married again!" But later, you may fall in love again and be ready to venture into marriage again. If you are planning to remarry, you…

While doing an initial consultation with an individual looking to get divorced, I have found it is common to get questions about whether it is possible for a divorcing couple to work together with an attorney to do a collaborative…

No one likes to pay spousal maintenance (formally called "alimony" or referred to as spousal support). When you are employed and your ex refuses to work, there is a greater reluctance to want to pay maintenance. In Chicago divorces, there…

Finding the best child custody lawyer in Chicago may seem like a daunting and intimidating process if you have never been involved in a legal dispute. This is especially true when it comes to a custody case involving your children…

Parenting disputes, and accusations of being a bad or unfit parent, are extremely common in the world of divorce, juvenile, and family law. Many parents enter the courtroom with a laundry list of accusations of poor parenting against the other…

RECENT POST
Categories
Archives
Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Why Choose
ANDERSON & BOBACK?

Schedule a Discreet Consultation Today!

    Firm Overview
    ANDERSON & BOBACK?

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870