Gabrielle S. Davis, P.C.

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Major Changes Coming to Calculating Child Support in Illinois

Starting July 1, 2017, both parents' incomes will be used to calculate child support in Illinois.

Family separated.jpg Courts will take into account both parents' salaries and the new law is meant to reflect the actual costs of raising a child.

It will generally work like this. The Illinois Department of Healthcare and Family Services will issue baseline amounts of what it costs to raise a child based on the number of children and the income of the parents. Parents then will be ordered to contribute to this baseline support amount based on their relative percentages of income.

For example, if the wife has a net income of $50,000.00 and the husband has a net income of $50,000.00 then they will be both be required to pay 50% of the baseline amount calculated to support the children established by the State. If the children are living with the father the vast majority of the time, the mother would pay the father 50% of the number calculated by the state that the kids need for their support. If on the other hand, the mother has net income of $25,000.00 and the father who sees the children two nights a week has net income of $100,000.00 then the father would pay mother 75% of the baseline amount. 

Ultimately, in my opinion, this will result in less child support being paid out but it does address frequent complaints that the money does not go to the child and that the courts usually do not look at the earnings of the other parent with whom the child resides.

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