Under the New Illinois Child Support Law, will Child Support Courts Have Discretion to Deviate From the Guidelines Set Forth By the Illinois Department of Healthcare and Family Services?

Changes to Illinois Child Support Laws for 2018

418409928
Updated on:
July 17, 2018

On August 12, 2016, Governor Rauner signed into law Public Act 99-0764, which will changed the manner in which Illinois divorce courts calculate child support.  The law became ffective on July 1, 2017 and modified two sections of the Illinois Marriage and Dissolution of Marriage Act ("The IMDMA"), specifically 750 ILCS 5/505 and 750 ILCS 5/510.  

According to the previous child support law, courts were directed to award as child support certain minimum percentages of the non-custodial parent's net income, regardless of the income of the custodial parent.  The new law replaces these minimum guidelines with an "income shares" model, which is already in use in most other states.   

Under the "income shares" model, the divorce court is instructed to refer to economic tables put forth by the Illinois Department of Healthcare and Family Services to determine how much money would be allocated for the care of the child if a similarly situated couple were living together based on the combined income of the couple, the cost of living, and the number of children.  Each parent is responsible for their prorata share of this amount based on their relative incomes (or potential incomes if the parent is voluntarily unemployed or underemployed).  Depending on the relative incomes of the parents this may cause some parents to pay more and some to pay less in child support than under the previous law.  

‍The new law also treats child support differently in "shared parenting" situations, meaning that each parent has the child for at least 146 overnights per year.  In a shared parenting situation, the base amount of total child support is multiplied by 1.5, meaning that the total amount to be allocated to child support by both parents will increase.  In a shared parenting situation, the amount of time that each parent spends with the child will factor into the amount of child support he or she is responsible.  The more time you spend with the child, the less your child support obligation will be relative to the other parent.  Time spent with the child does not become a factor until the "146 overnights per year" threshold is met. ​

Under the New Illinois Child Support Law, do Child Support Courts Have Discretion to Deviate From the Guidelines Set Forth By the Illinois Department of Healthcare and Family Services?

Update (12/4/16): A reader commented on our article "How is Child Support Calculated for Multiple Families in Illinois?" explaining that her husband had a child support obligaiton from a previous relationship in Illinois.  She explained that she and her husband had two children together, which were not contemplated in the existing child support order.  She asked whether, under the new child support law, the court would consider this in modifying child support.  

The new child support law provides that the court must apply the child support guidelines set forth by the Illinois Department of Healthcare and Family Services (explained above) unless the court makes a finding that the application of the guidelines would be inappropriate after considering the "best interests of the child."  The law states that the "best interests of the child" are determined by weighing the following factors:

  • The financial resources and needs of the child; 
  • The financial resources and needs of the custodial parent; 
  • The standard of living the child would have enjoyed had the parents remained together; 
  • The physical and emotional condition of the child; 
  • The child's educational need;
  • The financial resources and needs of the non-custodial parent.

If you are responsible for two additional children that were not contemplated by the original child support order, this would certainly qualify as a "substantial change of circumstances," which, as explained below, would potentially allow you to modify your existing child support order.  

The court would have discretion to weigh your current financial situation, including your additional obligation to support your two children, in determining whether strict application of the guidelines would be inappropriate in light of the court's determination of the best interest of the child.  If you are in this situation, I would recommend speaking directly to an attorney, who can review relevant case law against the specifics of your case in order to give you a legal opinion regarding the likelihood of the court exercising its discretion to deviate from the guidelines in your particular case.  

Can I modify My existing Child Support Order based on the New Law?

Update (11/9/16):  A reader commented on this article asking whether, after July 1, 2017, he would be able to have his existing child support order modified to bring it into line with the new child support guidelines.  The answer is that the passage of the new law, in and of itself, is not a basis to have your child support modified.  

You will still need to show a "substantial change in circumstances" other than the change in the law for the court to modify your child support.  However, if you are able to demonstrate a change in circumstances after July 1, 2017, your child support will be modified in accordance with the new law, as opposed to the law in place at the time the original order was entered.  

​In response to the question, I have written a new article: Illinois Child Support Modification Explained, which explains how to file a petition for modification of child support and exactly what constitutes a "substantial change in circumstances" that would allow a modification. ​ 

How is Child Support Calculated for Multiple Families in Illinois?

Update (11/30/16):  A reader commented on this article asking how child support is handled when the non-custodial parent has multiple families in multiple states.  You can read our answer here:  How is Child Support Calculated for Multiple Families in Illinois?

​Please do not hesitate to leave a comment with any further questions.  ​

Illinois Has Released Guidelines and Child Support Calculator for New Child Support Law

Update (6/26/17): Many of our readers have commented asking whether they are likely to be paying or receiving more or less in child support under the new "income shares model." We have all been waiting for the Illinois Department of Healthcare and Family Services to release the new guidelines to assist our readers in estimating their child support obligations under this law.  These guidelines were recently released, along with several other tools, including a calculator you can use to estimate your child support.

Check out our new article in which we link to these tools and explain how to use them properly: Illinois Child Support Income Shares Guidelines

Presented By O'Flaherty Law

O'Flaherty Law is happy to meet with you by phone or at our offices in Downers Grove, Elmhurst, Naperville, St. Charles, Lake in the Hills and Tinley Park, Illinois.

What to Expect From a Consultation

The purpose of a free consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. Although most consultations are complimentary, some may carry a charge depending on the type of matter and meeting location.

Leave a Comment With Your Questions

Read more about

Child Support

Jason

So if my wife makes more than me annually then I will be able to pay less than I currently do? She also lives over 34 miles away from me because she remarried and moved away from me without consulting with me. I do an crazy amount of driving compared to her. Thanks

      -Kevin O'Flaherty

         Jason:

                      Since your wife has a higher income than you, it is likely that you will be able to have your child support payments reduced after July 1, 2017. If your wife lived in the Chicago metropolitan area and relocated in 2016, she was probably required to get a court order permitting her to do so. If she lived outside of the Chicago metropolitan area, she was permitted to relocate up to 50 miles away without a court order so long as the relocation was in-state.

                      Prior to 2016, your wife was permitted to move anywhere in the state of Illinois without the requirement of a court order. If you would like to learn more about the new 2016 laws regarding parental relocation, you can read about it here:

                                            https://www.oflaherty-law.com/our-law-blog/changes-to-illinois-divorce-law-for-2016.

                      Please let me know if you have any further questions. If you would like to schedule a free consultation to deal with either of these issues, feel free to e-mail me at koflaherty@oflaherty-law.com or call me at (630)324-6666.

                      Thanks so much for reading!

      -Jason S.

                      I have a similar situation as the first Jason. My ex-wife makes double my salary and our parenting is almost equal. I pay her 28% currently, will the new law be grounds to go back to court for a new support order? I have read that the new law will not be grounds for a change...which is absurd...just looking for some clarification.

      -Nitra M.

                       My ex husband took me to court because he wanted parenting responsibilities reallocated. I agreed that he get the 2 boys and haven't heard from him or my boys since the court dates took place. I don't even know where they reside. I was just informed yesterday that I'm being sued for child support. I'm a stay at home mom with 2 other children born to my current marriage.

      -Kevin O'Flaherty

                      ‍ Nitra, please feel free to give us a call at (630)324-6666 or e-mail us at info@oflaherty-law.com if you would like help with your situation.

      -Jaime Darain

                       hello my question is ive been out of work for some time i am currently working partime because its been hard to pick the pace i want to start repayment plan of my own to become current to be able to get my security lic back can i do that until i can pay up my current payment order can i do that or do i have other options because its very hard on my end to get back on a payment plan an my own bills i feel lost with out an option to get all my things back drivers lic all if you can please email me with some help thank you

                      ‍  jamie darain.

      -Kevin O'Flaherty

                       Jamie:

                       Thanks for your question. I would recommend giving us a call at (630)324-6666 to tell us more about the specifics of your situation to see if we can help. Negotiating a payment plan is certainly one option we can pursue.

Michael

3/20/2017 11:25:31 pm

i owe some where in the 15 thousand in child surpport and she took my kids and left state far away have not had job in 2 yeras liveing in chicago land area with no car and no licnse has me screwed pretty good

      -Kevin O'Flaherty

      3/21/2017 12:17:36 pm

      Michael:

      Please feel free to give us a call if you would like some help with your situation: (630)324-6666.

Rachel

6/26/2017 01:14:55 pm

what if the father pays child support, but has never contacted to see the child. he is 5 and hasnt seen him at all.

Margaret

9/27/2017 02:23:28 pm

Does the new law take into account children from a previous marriage. Before I married my current husband, I already had a child from a previous relationship. He and I will be getting a divorce and our daughter will be living with me. I was not able to find anywhere how that is accounted for in the new formula because taking my net without accounting for my son doesn't seem fair. Both children will be remaining with me. Thank you.

    --Kevin O'Flaherty

      10/2/2017 12:09:42 pm

       Thanks for your question, Margaret. I think you'll find this article helpful:

                http://www.oflaherty-law.com/our-law-blog/how-is-child-support-calculated-for-multiple-families-in-illinois

brandy

2/27/2017 09:00:22 pm

my ex boyfriend is taking me to court for child support, our kid turned 18 January 4 but he is still in high school. the father is a electrition and farmer but will not show his farm taxes says he doesn't make money, I work and makes 20,000 year and have 3 other kids that live with me... what can I do to get the judge to use the new guide lines and to get his income from the from... if he doesn't show all of his income will they still make me pay childsupport??? thanks!

    --Kevin O'Flaherty

        2/28/2017 10:01:07 am

       Thanks for your question, Brandy. Even if your ex does not show his income on his tax returns, an attorney should be able to help you bring this information to the judge's attention through discovery tools such as requests for production of documents, depositions, and subpoenas to third parties. If your case is heard after July 1, 2017, the judge will apply the new law.

        Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Kevin O'Flaherty

11/3/2016 06:07:58 pm

Thanks for your question, Jason. In order to modify an existing child support order, you must demonstrate a substantial change in circumstances.

According to 750 ILCS 5/510(a), the passing of the new child support law does not in and of itself constitute a substantial change in circumstances that would entitle you to have your existing child support order modified. However if you have a change in circumstances other than simply the passage of the new law, which would allow you to successfully petition for modification, the court would then apply the new law in modifying your child support.

I will write my next article on the topic of what constitutes a substantial change of circumstances for the purposes of modifying child support and link it to this thread.

I would expect to see a lot of people pushing the limits of the definition of "substantial change in circumstances" in order to get into court to take advantage of the new law. As the case law and the trend develop, I will keep you posted here.

Please let me know if you have any further questions about this or any other legal topic. Thanks again for reading and commenting.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

     --Jason S

       11/4/2016 04:19:25 pm

       I look forward to your write up, and thank you for your response!

Delete

Kevin O'Flaherty

11/8/2016 03:15:44 pm

Please check out this week's article, Illinois Child Support Modification Explained, in which I discuss how to file a petition for modification of child support and what exactly constitutes a "substantial change in circumstances" that would allow for modification of your existing child support obligations. Please let me know if you have any further questions.

Here's a link:

https://www.oflaherty-law.com/our-law-blog/illinois-child-support-modification-explained-what-is-a-substantial-change-in-circumstances-for-modifying-child-support

Ryan M

12/24/2016 09:51:54 am

Jason, any progress on your next article which will shed light on what a "substantial change in circumstance" might be? If my ex-wife gets remarried would that qualify?

     --Kevin O'Flaherty

        12/24/2016 01:19:40 pm

        Thanks for your interest, Ryan. I actually published that article a couple weeks ago. Here's a link:

               https://www.oflaherty-law.com/our-law-blog/illinois-child-support-modification-explained-what-is-a-substantial-change-in-circumstances-for-modifying-child-support

         Let me know if you have any follow up questions.

Sondra Barber

11/17/2016 04:23:38 pm

I have a question in regards to this matter. If I have my three children 60% of the time but make 4 times the amount of my ex-husband will I have to pay him child support based on the shared Parenting Agreement?

Kevin O'Flaherty

11/17/2016 04:46:40 pm

Thanks for your question, Sondra. Based on what you are telling me, it sounds like this would qualify as a "shared parenting" situation, meaning that you each have your children for more than 146 overnights per year.

You are presenting one of the rare situations in which the parent that has responsibility for the children for a larger percentage of time MAY be required to pay child support to the other parent to cover expenses for the child's care during the times that he is responsible for the children.

I can't give you a firm answer on how a court would rule on this without all of the exact details about your family and financial situation and access to the economic tables that the Department of Healthcare and Family Services will be issuing.

However, I invite you to call our office at (630)324-6666 or e-mail me at info@oflaherty-law.com to schedule a free consultation with one of our family law attorneys, who will be able to give you a less hypothetical answer to your question.

Please let me know if you have any further questions about this or any other topic.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Sarena

11/28/2016 08:04:19 am

What if the father has another child in a different state? How would his income be shared amongst all children fairly?

Kevin O'Flaherty

11/28/2016 12:48:32 pm

Thanks for your question, Sarena. I will do a blog article on this list week and link it to this post. Please stay tuned.

Kevin O'Flaherty

12/1/2016 10:57:49 am

Sarena:

We have published a blog article in response to your question, which you can read here:

https://www.oflaherty-law.com/our-law-blog/how-is-child-support-calculated-for-multiple-families-in-illinois

Please let me know if you have any further questions.

Jason

12/5/2016 10:55:52 am

I have one more question in regards to child care. As I have stated my ex makes twice that of my salary. We recently had to do an after school program for our children. We have Joint Custody in Illinois. She has chosen a very expensive after school program which I can not afford. I found an after school program that was half the cost but she refused and signed them up for the more expensive after school care. Am I responsible to pay her for the more expensive even though I have a written quote from the cheaper of the two?

Delete

Kevin O'Flaherty

12/5/2016 02:23:49 pm

Jason:

The answer to this question really depends on the language in your child support order and/or your divorce decree. That should lay out your obligations.

Typically, child support would not automatically change based on increased cost of an after school program. If your ex has increased expenses for the children, she would have to file a motion to modify the child support order, at which point you could argue that she should be taking advantage of the less expensive after-school program.

If any of your orders in your case contain language generally requiring you to pay for after school programs, we would have to review the order to let you know what your options are.

Please feel free to call me if you would like us to review your situation and give you a more specific answer: (630)324-6666.

Thanks again for reading.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Joe

12/7/2016 12:54:30 pm

If I have a substantial change in situation and my ex-spouse and me agree to the same percent of the new net income for support. Is there a way to have the change amended into the current agreement without lawyers and 120 day wait?

Kevin O'Flaherty

12/10/2016 02:48:58 pm

Joe:

Existing child support obligations cannot be modified without filing a petition to modify child support in court and having the judge enter an order formalizing the change. This means that even if you and your ex have an outside-of-court agreement, you will still need to have that agreement entered as an agreed order in court, and the judge will have the discretion to modify your agreement.

The rationale is that the judge is entrusted with protecting the best interest of the child, regardless of what the parties may agree to.

Here's a link to one of our articles explaining how to modify child support:

https://www.oflaherty-law.com/our-law-blog/illinois-child-support-modification-explained-what-is-a-substantial-change-in-circumstances-for-modifying-child-support

Thanks so much for reading and commenting. Please let me know if you have any further questions.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Shannon

12/8/2016 08:39:06 pm

Question. Currently my husband pays his ex wife alimony which up until 6 months ago was her only source of income. He also pays child support for three children. She now has a job (she might make $200 a week), one of the children will turn 18 at the end of the year and he has had a decrease in income. We have already planned to take her back to court modify just based on those factors. However with this new law will her alimony be considered as her income along with her job or just the job. If her alimony will be considered too then it would benefit us to wait until the new law starts.

Kevin O'Flaherty

12/10/2016 04:24:23 pm

Thanks for your question, Shannon. Your husband's alimony payments would serve to reduce his net income and increase his ex-wife's net income for the purpose of determining his child support obligations under Illinois' new child support laws that will go into effect on July 1, 2017.

It looks like there are a lot of factors weighing in favor of having your husband's child support reduced under the new law. However, I would recommend meeting with an attorney to crunch the numbers and game out whether waiting until July 1st to file a petition to modify child support will ultimately put you in a better position than having it modified under the current law. My hunch is that the new law will likely benefit you relative to the current law, but I can't give you a firm answer without digging into the specifics of your case.

Based on your question, I wrote this week's article on how maintenance payments affect child support. Hopefully you find it helpful. Here's a link:

https://www.oflaherty-law.com/our-law-blog/how-do-maintenance-payments-affect-child-support-obligations-under-illinois-2017-child-support-law

Please let me know if you have any follow up questions.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Shannon

7/20/2017 02:38:32 pm

I waited until the new law came out and the charts were available and it looks like we would have been better off filing before they came out. The new calculations seem to NOT even take into account her income at all and do not reduce his income by the amount he is paying her. He was actually laid off and is making half the income he was previously and his child support will only be reduced under the new law by about $206 a month. Even with her having a job. AM I missing something in how this was supposed to even out the share of the cost of raising children?

Delete

Tina

12/12/2016 08:31:07 am

My brother is in the beginning of divorce proceedings and they have one five year old son. His ex wife was diagnosed with bipolar disorder. My brother was the main caretaker of his son as his mother claimed to be working when she was really cheating on him and leaving her son with me and my family to babysit.

He just had the first session in court where the judge instantly awarded her the 20% of his income, even though my brother has spent way more time with him. He makes 85k and she makes 65k. She claimed that she was the primary caretaker at home and that she was afraid of my brother and was scared to called the cops because he is a cop.

Is there any way that we can get this modified or legally wait until the final custody order can be awarded sometime after July?

Kevin O'Flaherty

12/13/2016 03:58:59 pm

Tina:

Thanks for your comment. Depending on some of the specifics in your brother's case, your brother may be able to move to modify the child support order immediately.

Certainly, this sounds like it would at least be worth talking to an attorney to discuss whether he may be able to get a more beneficial outcome either under the current law or the new law that will be coming in July of 2017. Feel free to have him give us a call at (630)324-6666 if he would like to discuss it with us.

Here is a link to an article you may find helpful about how to modify child support orders:

https://www.oflaherty-law.com/our-law-blog/illinois-child-support-modification-explained-what-is-a-substantial-change-in-circumstances-for-modifying-child-support

Please let me know if you have any further questions.

Julie

12/13/2016 11:38:42 am

I had sole custody of my 3 children 5 1/2 yrs ago the my oldest moved to his dad's and we revised our parenting agreement so it read i still had sole custody of my 2 children and my oldest we had joint parenting agreement. My question is my ex never discloses where he works and I have no clue what he makes but I did a modification of child support on 2 of the children because my oldest is 19yrs old. My ex gives me 33.03 every week for 2 kids and my kids dont even see him. He is remarried so their financial is good. Do you think that I would get less then what I already get?

Kevin O'Flaherty

12/13/2016 04:06:48 pm

Thanks so much for your comment, Julie. If your ex makes significantly more than you do, then it is likely that his child support would increase under the new law. However, because the Illinois Department of Healthcare and Family Services have not yet released their guidelines for child support under the new law, and because I don't know exactly how much each of you make in "net income," I can't say for certain whether the new child support law would cause your child support to increase or decrease.

I can say that if your husband's financial situation has improved since your current child support order, you may have a good argument for an increase in your child support under the current law. Please feel free to call me if you would like to discuss specifics.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Chris

12/16/2016 02:34:30 pm

My ex is taken me back to court to up my child support. Because we haven't changed it since 2005. I pay 67.00 per week now and my gross is 50,000 and net income is 27,000. And I pay for his health insurance too. Which is 85.60 month. But I am remarried and I have my wife kids on their too. So I am paying 428.00 month. So I am asking how much would my support go up ? And another thing is she doesn't work. Court date is Jan 20 2017.

Kevin O'Flaherty

12/16/2016 02:57:33 pm

Thanks for your question, Chris.

Here is an article that lists the percentage of your net income that the IMDMA Guidelines suggest should be required for child support based on the number of children you have:

https://www.oflaherty-law.com/our-law-blog/child-support-explained

I don't know how many children you have with your ex, but you can take a look at this article and do the math to determine what the guidelines would suggest.

However, judges have the ability to deviate from these guidelines based on other factors. It is probably advisable to meet with an attorney to discuss whether it makes sense to argue for a deviation from the guidelines in your favor. Your ex may also argue that the judge should deviate from the guidelines in a way that would be negative to you. Please feel free to call us at (630)324-6666 if you would like assistance with this.

Chris

12/16/2016 03:17:01 pm

I have one with her. So by going to court before than I would be under the old law still?

Kevin O'Flaherty

12/20/2016 12:15:26 pm

That is correct, Chris. The new law does not go into effect until July 1, 2017. Any hearings before that date will continue to apply the current law described in the article I gave you.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Brandy Clark

12/18/2016 07:49:49 pm

My husband pays his ex wife $1934 per month for their 2 boys. He makes about 100,000 per year before taxes and such. He works for the railroad so we have lots of other stuff taken out that effects our net income. We are thinking his ex makes about $45,000. Any idea if our might stay the same or could possibly go down? We have joint custody but don't have set visitation because of his crazy schedule. Any help would be appreciated. Thank you

Kevin O'Flaherty

12/20/2016 12:22:10 pm

Brandy:

Because the economic tables have not been issued yet, we can't really say for certain how the new law will affect your husband's child support payments.

I can tell you that child support is more likely to go down under the new law when the party receiving the support makes a greater net income than the party paying the child support.

However, the fact that your husband has joint custody may work in his favor if he tends to have the kinds for at least 146 overnights per year. In this case, it would be a shared parenting situation and your husband's time spent with the children may serve to reduce his child support obligation.

That being said, feel free to call my office to discuss specifics: (630)324-6666.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Deirdre

12/21/2016 02:04:19 pm

If a petition for divorce was filed earlier this year, could this new law be applied if they managed to drag it out until July of next year or would the old law apply because of the filing date?

Kevin O'Flaherty

12/23/2016 01:19:02 pm

Thanks for your question, Deirdre. The current law will be stricken as of July 1, 2017. This means that any orders entered on or after July 1, 2017 should apply the new law, even in cases filed before that date.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Matt

12/28/2016 12:14:07 pm

Alright, so I have a question I am in a situation that I currently pay my child support set by the court-order but the mother of my child doesn't have a job, and has not had since we had our son. Would I be stuck paying 100% of the needs for our child or would she be required to obtain some sort of employment?

Kevin O'Flaherty

12/28/2016 01:15:10 pm

Thanks for your question, Matt. If one of the parents is voluntarily unemployed or underemployed, the court will consider that parent's potential income. This means, that the court will try to estimate what the mother of your child could potentially make if employed, and use this figure in calculating your relative incomes for determining your child support obligation.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Matt

12/28/2016 01:50:21 pm

Thank you for the quick response Kevin,

My second question is the income based upon the parents or the house-hold for example what if we both currently have another boyfriend and or girlfriend whom is employed?

- Matt

Delete

Kevin O'Flaherty

12/29/2016 02:02:23 pm

"Net income" for child support purposes is based on the income of the parent, not the household. The rationale is that the spouse of the parent has no legal obligation to support the child. Please let me know if you have any further questions.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Bill

12/30/2016 01:53:28 am

What if you don't want child support from the other parent?

Kevin O'Flaherty

12/30/2016 09:41:02 am

Thanks for your question, Bill.

If you don't want child support from the other parent, you can certainly agree that child support won't be necessary. If you have an existing child support order or other issues in dispute in a divorce case, the court will have to sign off on this agreement, and the judge will have discretion to order child support notwithstanding your agreement if it is found to be in the best interests of the child. I would imagine that unless you are destitute, the court will not require child support if you do not want to receive it.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Brit

1/1/2017 02:01:57 pm

My husband pays on his 3 kids every 2 weeks and doesnt get visitation at all she says we cant have them or that it wont work plz tell me these new laws will help,us get his kids

Matt

1/1/2017 02:55:39 pm

Following.

Kevin O'Flaherty

1/4/2017 02:01:55 pm

Brit:

Thanks for your comment. The new law changes the formula for calculating child support by taking into account both spouses' income level. It may or may not serve to reduce your child support, but I can't really estimate the effect it will have based on the facts that you have given me.

The new law will not change rules relating to allocation of parenting time. However, based on what you are telling me, your husband will have a good chance to have his parenting time increased if he files a motion to modify the existing order relating to parenting time. You may find the below article interesting: Factors Courts Consider When Determining Child Custody Issues:

https://www.oflaherty-law.com/our-law-blog/factors-courts-consider-in-determining-child-custody-issues

Please do not hesitate to call my office at (630)324-6666 if you would like to speak about your specific situation in more detail.

April

1/1/2017 04:53:25 pm

I have child support set up through court right now hasnt been modified in a few years... my childrens father keeps quiting his job after child support payments start coming out of his checks ..... he hasn't seen them in 9 years .. does the new laws affect my support too?

Kevin O'Flaherty

1/5/2017 10:30:22 am

Thanks for your question April. To some extent the new law will affect most people's child support if they have a significant change of circumstances that would allow them to seek modification (other than simply the passage of the new law).

The new law, like the old law, allows the court to consider the father's potential income if he is voluntarily unemployed. You may be able to have your child support payments increased based on potential income. Please feel free to give us a call if you would like to discuss specifics: (630)324-6666.

Jerry

1/9/2017 06:30:55 pm

Y does the custodial parent get to be on public aid and the other parent works.Y does this happen in public aid parent cant afford child y does the state let them keep that child

Kevin O'Flaherty

1/10/2017 05:54:34 pm

Thanks for your question, Jeny. Under the new law, this problem will be partially corrected. If the custodial parent is voluntarily unemployed or underemployed, the "potential income" of that parent will be considered when determining the non-custodial parent's child support obligation.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Susan

1/10/2017 01:22:26 pm

When will the new economic tables be available?

Kevin O'Flaherty

1/10/2017 05:52:08 pm

Thanks for your question, Susan. At this point, we don't know when the new economic tables will be available. When they go into effect, they should appear at this link:

https://www.illinois.gov/hfs/ChildSupport/parents/Pages/calculating.aspx

The Illinois Department of Healthcare and Family Services has a PDF on their website from 2012 that presents a proposed model for economic tables that is subject to revision. You can read this PDF here:

https://www.illinois.gov/hfs/ChildSupport/Documents/070912incomeshares.pdf

Most of the information on the website about the new income shares model is from before the new law was passed.

You may be able to get more information on the timeline for releasing the new economic tables by calling the Department's child support call center at this number: 1-800-447-4278. If you do make the call please respond to this post and let me know how it goes.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Katy

1/10/2017 01:46:41 pm

If there is an existing child support order, that will not change, correct?

Kevin O'Flaherty

1/10/2017 05:39:23 pm

Thanks for your question, Katy. If there is an existing child support order, the new law will not apply unless the order is modified in court due to a substantial change in circumstances (other than the passing of the new law).

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Sandra

1/10/2017 10:24:37 pm

I recently had a baby, are medical expenses considered in child support orders?

Kevin O'Flaherty

1/12/2017 08:43:02 am

Thanks for your question, Sandra.

In a marital dissolution case, courts do not factor medical expenses associated with pregnancy into the calculation. However if your child support is derived from a paternity suit, courts can award these medical expenses. You can read more about the child support differences in paternity suits versus divorce cases in our article, Illinois Paternity Law explained:

https://www.oflaherty-law.com/our-law-blog/illinois-paternity-law-explained

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Dustin

1/25/2017 09:06:47 pm

Ok. So I am the custodial parent. My ex wife moved to another state and constantly quits or changes jobs. She has nothing to do with our son and I support him 100%. Not to mention the back child support she owes how will the new laws affect my case? Thank you

Kevin O'Flaherty

1/29/2017 11:53:03 am

Dustin:

In order for us to give you specifics about how the new law will affect you, we suggest that you call us to schedule an initial consultation at (630)324-6666.

What I can tell you is that her potential income, not her actual income will determine her child support obligations. The fact that she has nothing to do with your son, does not change the fact that she is obligated to pay child support.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

jamey

1/26/2017 04:01:08 pm

kevin, if a father is in the higher range of income more or less, the 300-400k range, therefore paying $3000.00 plus per month currently based on the current law, without consideration of the mother's income which is in the 75k range......Without a 'significant change' in circumstances per se, could a parent still successfully file in court for application of the new guidelines? I understand that the fact that the new guidelines going in effect are not enough reason for one to successfully make a case, however, at this income range, both the change in the way child support is calculated and the fact the mother's income will now be accounted for could cut the child support payment monthly payment in HALF. Which would therefore be 'significant change' to say the least. if not, then why is that the case? parents under the current system regularly file in court based on a change in circumstance, which essentially is a change in the amount to be paid (it always comes down to appealing for a change in payment for 1 reason or another if the amount is significant, i would say 1/2 is more than significant). of course, "m assuming there would be this drastic change in payment at the upper income ranges based on the rough draft pdf economic table found on the illinois child support website. the highest that table goes up to is 1942.00 (which corresponds to 400k combined annual salary), considerably less than one would be currently at that income range. (i do realize it's only a rough draft but it does correlate with the economic table of all surrounding states give or take 100.00, at the higher income ranges, so thus seems accurate)

Kevin O'Flaherty

1/29/2017 12:02:51 pm

Thanks for your question, Jamey. Unfortunately, as you mentioned, according to the letter of the law, you need a substantial change in circumstances in order to be successful in modifying your child support order, and the passage of the new law does not constitute a substantial change of circumstances.

However, I would expect that family law attorneys will be looking for creative ways to have child support orders altered under the new law despite the lack of an obvious change in circumstances. This may build a body of precedential case law that will pave the way for similarly situated individuals to have their orders modified.

In your case, since the new law would cause such a drastic change, courts may be more willing to accept creative arguments regarding changes in circumstances in order to better serve the best interests of the child. At the very least, I think it is worth having us, or another attorney, examine your case in detail to give you a better idea of your chances of success.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

jamey

1/29/2017 05:13:58 pm

this is a more general question but also would apply to my case, If I'm the custodial parent in this situation knowing the laws are changing July 1st, and i'm trying to hang on to the Current Laws as long as possible.... Can I file in court now, this month, in attempt to achieve that goal of maintaining the current laws, 20% of non-custodial parent's net income (i.e., 3000.00/month in my case)? let's suppose that the significant change would be, my 5 year old child is beginning kindergarten 9/1/17 (after the new law is in effect) and thus, will not be requiring full time daycare , but rather payments for various after school activities and camps in the summer. could the custodial parent take me to court today, or before july 1st, under these circumstances with her own creative excuse such as, school starts sept. 1st and I want to do the 'right thing' and plan ahead? Obviously, my fear is that if she or anyone could pull this off, then come July 1st, I wouldn't be able to apply the new laws since our case was just filed a couple months prior. Is there anyway to defend against this?

Kevin O'Flaherty

2/3/2017 04:29:56 pm

Jamey:

If you don't have an existing child support order, you can file for child support at any time. If you do have an existing child support order, you need to be able to show a substantial change in circumstances in order to have the order modified. You can read about what qualifies as a "substantial change in circumstances" here:

https://www.oflaherty-law.com/our-law-blog/illinois-child-support-modification-explained-what-is-a-substantial-change-in-circumstances-for-modifying-child-support

Regardless of how you get into court, if the order is entered before July 1, 2017, the old law will apply until another substantial change in circumstances occurs and the order can be modified. If this second substantial change in circumstances occurs after July 1, 2017, the new law will apply, even if the old law was used for the original order or for an earlier modification.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Chris

1/27/2017 04:27:43 am

I was taken back to court for child support and I made 51000 for the year. But that includes 9000 in ot. So they fig I made 1480 per bi weekly pay check. The only way I can ever make that much is info have alot of ot and change my deductible. On w4. Was that the right way for them to do that and second. My order was going since 2005. I never had it changed and she never asked me. I got fired from my job than now and I am at where I am now. I only got paperwork like to update order in Jan of every year. But I didn't know I was supposed to. Can she go back child support when I changed jobs? Or only when she filed to get order change in Dec of 2016? Because she told me if tried to change this order she will go for back support

Kevin O'Flaherty

1/29/2017 04:47:48 pm

I used this week's Learn About Law article to answer your question about how overtime should be handled in calculating child support. It is titled: "How is Illinois Child Support Calculated for Overtime, Bonuses, and Varying Income?" Here is a link:

https://www.oflaherty-law.com/our-law-blog/how-is-illinois-child-support-calculated-for-overtime-bonuses-and-varying-income

Please check out the article and leave me another comment if you still have questions. You can also reach out to me at (630)324-6666 to discuss the specifics of your situation.

In answer to your second question regarding the recipient parent pursuing back support, back child support can typically only be pursued if you failed to pay child support according to the existing order at the time. If the terms of your child support order change, you will not be required to pay back support, even if the circumstances that led to the change occurred some time ago.

I hope this answers your questions. Please let me know if you have any more.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Stephanie

1/31/2017 07:55:47 pm

My fiancé currently pays his ex wife for half of their two kids extra circular activities, school expenses, & any health care that isn't covered by insurance. She makes about $50,000 a year & he makes around $21,000. With the parenting arrangement they have now he doesn't get overnights on school nights but he still gets around 80-100 overnights a year. He gets them after school until 8pm twice a week. Will the new law take the actual time spent with the kids into consideration or only overnights?

Kevin O'Flaherty

2/3/2017 03:48:04 pm

Thanks for your question, Stephanie.

The statutory language is as follows:

"If each parent exercises 146 or more overnights per year with the child, the basic child support obligation is multiplied by 1.5 to calculate the shared care child support obligation."

Unfortunately for your fiance, the new law only looks at overnights, not total hours spent with the child.

Please let me know if you have any further questions.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Melissa

2/4/2017 08:09:56 am

I understand the new law but how is it determined how much is spent on each child per year to then determine how much each parent spends.

Kevin O'Flaherty

2/8/2017 09:28:23 am

Melissa:

The Illinois Department of Healthcare and Family Services will be publishing economic tables that determine the total amount of child support required for each child, based on several factors described in this article. That number will then be allocated based on the relative incomes of the parents. Hope this answers your question. Please let me know if you have any more.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Tasha Freemsn

2/8/2017 12:43:46 pm

I currently live in az and non custodial live in ill. I modified my child support and waiting on results. Am I under the az laws or Illinois law when it comes to modification. He spends no time with our two boys and I'm confessed as to which law I fall under.

Kevin O'Flaherty

2/13/2017 07:01:39 pm

Tasha:

This week's Learn About Law article should answer your question. It deals with jurisdiction for child support cases, and you can read it here:

https://www.oflaherty-law.com/our-law-blog/how-to-determine-child-support-jurisdiction-illinois-child-support-law

Please let me know if you have any further questions.

DJ

2/14/2017 02:28:18 pm

Modification question to attorney

I was divorced early 2014. When leaving, I went to an apartment and she stayed in the home. I was unsure exactly how my day-to-day would look like. I had no family to support me whereas she had her mother nearby helping with childcare and overall assistance, etc. I reluctantly agreed to one “dinner” with my kid each week and every other weekend I’d have her overnight Friday, Saturday and Sunday.

Fast forward three years and my mother has moved here from out of state, I’ve remarried and my first kid now has a sibling with another on the way. About a year and half ago I really started thinking about adjusting my time with my kid when I saw the laws were going to be changing. I thought, “let’s wait to see how these new laws look before I go out and spend money on attorneys”

The new reality is that my ex wife has been promoted a couple of times since we divorced and has new responsibilities at work that has thrust my time with my kid upward, but it’s “outside” of the parenting agreement. I’m in a position now where I feel my kid should be here 50% of the time to be around her siblings, her other grandparent and of course, her father. The ex and I live about 10 minutes away and I don’t see any reason why this couldn’t come to be with the new rules. My primary question is this: Do the above circumstances appear to you that they could be the basis of a strong argument for more time? 50% time? I’d love to have my kid say, every Monday overnight, Tuesday overnight and every other Friday/Saturday/Sunday overnight.

My secondary question is how would this change child support under the new law? I agreed to what i feel was a pretty standard calculation for child support for one child. It’s basically 20% of my net from 77K. We split 50/50 medical, dental, E/C, day care, etc. My exwife at the time of divorce was at 55K, but under the old laws that didn’t really matter. Today, I’m at 87K and she’s close to me as well...she has likely caught up to me or surpassed me because she refuses to send her w-2 and tax returns since divorce for some unknown reason. I share mine and remind her, but nothing ever is sent to me.

Given all the thoughts above, what is your general opinion? I understand your disclaimer below so I won’t take it to heart, I just want to know if it isn’t a complete waste of time to consider moving forward come July 1, 2017.

Thanks

DJ

2/14/2017 02:40:35 pm

I wanted to clarify a couple of things after reading my comment back:

“I’ve remarried and my first kid now has a sibling with another on the way.”

-I include this unsure of whether or not a judge cares that a kid has two siblings at a father’s house.

“The ex and I live about 10 minutes away”

-We live 10 minutes apart...bad choice of words there.

“...she has likely caught up to me or surpassed me because she refuses to send her w-2 and tax returns since divorce for some unknown reason.”

-Our divorce agreement explicitly states both parties are to exchange this information. I send my info each year, she does not.

Thanks for reading.

Kevin O'Flaherty

2/23/2017 02:35:45 pm

Thanks for your question, DJ.

Certainly, if you are already spending extra time with your child over and above what is ordered in the parenting agreement in order to accommodate your ex' work schedule, you have a good argument to modify your parenting order to formally increase your parenting time.

The new law is likely to benefit you, for a couple reasons. First, because your ex' income has surpassed yours, your child support obligation is likely to be decreased. Second, if you have your child for more than 146 overnights per year, you are in a "shared parenting" situation. In these cases, the more time you spend with the child, the less you tend to pay in child support.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Stacy

2/16/2017 01:34:00 am

Hello my fiancé currently has two child support orders in affect. He pays one ex for two children and pays a one night stand for one child. We have two children together. So if there's already an exsisting order in place. Nothing will change unless someone Modifys? Correct? And since we have two children together, Were they ever a consideration with the current law? And will they be with the new law? Is that reason enough to modify?

Kevin O'Flaherty

2/23/2017 02:40:54 pm

Stacy:

Thanks for your question. We answered a similar question in our 12/4/16 update to the above article. Here's an excerpt:

"The new child support law provides that the court must apply the child support guidelines set forth by the Illinois Department of Healthcare and Family Services (explained above) unless the court makes a finding that the application of the guidelines would be inappropriate after considering the "best interests of the child." The law states that the "best interests of the child" are determined by weighing the following factors:

The financial resources and needs of the child;

The financial resources and needs of the custodial parent;

The standard of living the child would have enjoyed had the parents remained together;

The physical and emotional condition of the child;

The child's educational need;

The financial resources and needs of the custodial parent.

If you are responsible for two additional children that were not contemplated by the original child support order, this would certainly qualify as a "substantial change of circumstances," which, as explained below, would potentially allow you to modify your existing child support order.

The court would have discretion to weigh your current financial situation, including your additional obligation to support your two children, in determining whether strict application of the guidelines would be inappropriate in light of the court's determination of the best interest of the child. If you are in this situation, I would recommend speaking directly to an attorney, who can review relevant case law against the specifics of your case in order to give you a legal opinion regarding the likelihood of the court exercising its discretion to deviate from the guidelines in your particular case."

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Nick

2/17/2017 03:17:47 pm

I have been separated for 10 years. I have my 4 children living with me. 2 of my kids are under 18. We have not been divorced she has been dragging it out for years. My question is how will child support be determined? My lawyer says I will have to end up paying her child support even tho the kids LIVE with me and have been since the separation. What if we share custody but I am custodial parent? Do I still have to pay her?

Kevin O'Flaherty

2/23/2017 02:43:35 pm

Nick:

Thanks for your question. Other factors notwithstanding, under the new law if you have custody, you will typically not pay child support. An exception to this is a shared parenting situation in which the custodial parent makes a significantly larger income than the non-custodial parent.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Mia

2/22/2017 10:01:49 am

My ex husband and I share an equal parenting time with our daughter. However I m the residential parent. I have a full time job whereas he claims he does not have a job even though I know he does. I have been paying for her health insurance for years and all her needs are covered by me. I wanted to take him to court for child support but I am afraid with the new law I will end up paying him instead. Also can I at least make him pay for her health insurance or maybe pay me partially of what I have spent on her health insurance these past years? Thanks

Kevin O'Flaherty

2/23/2017 02:47:10 pm

Thanks for your question, Mia.

As I said in my response to Nick's question, it is very unlikely for the residential parent who spends more time with the children than the other parent to pay child support. However, under the new law it may be possible if you make a significantly larger income than the other parent. I would recommend meeting with an attorney to crunch the numbers once the economic tables have been released to determine the likely outcome. In the absence of specifics, I would say that you are much more likely to receive child support than to be obligated to pay it.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Danielle Miller

2/28/2017 01:41:24 pm

I have a Question

My Estranged husband and I Separated 14 yrs ago on March 31 2003, and to this day he has only paid $300 in Child Support and Im currently not able to work because of injury. However, He refuses to pay child support and have anything to do with our son. He claims that our son is not his. He told me a few years ago that he is fighting to get Disability for MS so I called Child Support Enforcement and told them what he had told me. They told me to find out when he would be getting the disability. I tried to ask him but he refused to tell me.

What can I do about this?

Kevin O'Flaherty

3/1/2017 11:38:25 am

Thanks for your question, Danielle. Unfortunately it is difficult to answer your question without getting more details from you. Please feel free to call our office at (630)324-6666 or e-mail us at info@oflaherty-law.com to schedule a time to talk. We offer free consultations and would be happy to answer your question after getting some more facts.

Danielle Miller

3/1/2017 12:06:18 pm

what Information would you need to know?

Kevin O'Flaherty

3/1/2017 12:25:58 pm

We would want to discuss the terms of your existing child support order as well as the backstory over the past several years.

Danielle Miller

3/1/2017 12:33:40 pm

I will Email you all that information when I can if thats ok with you. I would do it now but I dont have the papers in front of me

thanks for all your help i will contact you via email soon

Thanks

Danielle

Kevin O'Flaherty

3/1/2017 12:41:06 pm

Sounds good, Danielle. I will look forward to your e-mail. Please include a good phone number on which to reach you and a date and time that would be convenient for you to speak with us. We look forward to working with you.

Connie

3/3/2017 09:04:07 am

Hi Kevin,

Great article.......Can you shed any light on the new law and non-minor educational expenses and the definition of parental "resources". Specifically, is the non-custodial's new spouses income considered a potential resource and can it be requested during a request for change in status?

Are there any newer cases that define this other than the Drysch case in 2000?

Thank you!!

Kevin O'Flaherty

3/3/2017 03:29:35 pm

Great question Connie. We will do next week's Learn About Law article on this topic and post a link here when it is complete. Stay tuned!

Kevin O'Flaherty

3/11/2017 11:13:34 am

Connie:

Hopefully this week's Learn About Law article answers your question. You can check it out at this link:

https://www.oflaherty-law.com/our-law-blog/illinois-child-support-law-2017-how-are-non-minor-educational-expenses-and-parental-resources-calculated-for-illinois-child-support

Connie

3/11/2017 06:13:13 pm

Thanks so much Kevin. I just read it. Seems things will still be a little muddy until the courts start seeing and hearing cases. Thank you for addressing my question!

Kevin O'Flaherty

3/13/2017 02:23:02 pm

No problem, Connie. Stay tuned to Learn-About-Law.com. As we get new information on the new child support law, we will continue to supplement our articles on the topic.

Chrissy Hawkins

3/5/2017 09:51:29 pm

My husband has sole custody of his son, the mother does not work and does not have visits. She is court ordered to pay $40/weekly, that she already does not pay .... my question is with this new standard could she request a modification and end up having to pay less? She also just had a baby so would that affect it as well?

Kevin O'Flaherty

3/6/2017 10:28:01 am

Thanks for your question, Chrissy. If the mother is involuntarily out of work, it is possible that she could end up paying less in child support, because the new law will be largely based on relative incomes. However, it is impossible to say for sure without reviewing the yet-to-be-issued guidelines and the specifics of your case. Feel free to give us a call if you would like to talk in more detail: (630)324-6666.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

David

3/26/2017 11:25:55 pm

I find out the child is not mines and I been paying child support for a long time yes I sign the Birth certificate and no I haven't done a DNA through da courts I really need help getting this situation resolved and my money back...

Kevin O'Flaherty

3/27/2017 10:14:06 am

David:

Thanks for your comment. You may find this article helpful:

"Illinois Paternity Law Explained"

https://www.oflaherty-law.com/our-law-blog/illinois-paternity-law-explained

If you would like legal assistance, please feel free to call our office at (630)324-6666 or e-mail us at (630)324-6666 to schedule a free consultation.

Dawn Johnson

3/27/2017 06:56:37 pm

My son has just gotten visitation with his daughter her mother doesn't work she gets public assistance and my son works in the coal mines how would child support be determined then.

Kevin O'Flaherty

3/28/2017 03:24:53 pm

Thanks for your question, Dawn. Unfortunately, without more information, I can't really add to what we have already written in this article. If your son would like one of our attorneys to go into the specifics of his case, please invite him to call our office at (630)324-6666 or e-mail us at (630)324-6666 to schedule a free consultation.

Jon Doe

4/7/2017 09:00:38 am

Child support and Alimony are illegal under most state constitutions, violating several articles. The only way to eliminate these outdate, outmoded, archaic laws is to band together and form a group of fathers, mothers, who are the primary income earners to eliminate these laws. They create an unfair economic burden for parents to pay the other deadbeat parent who won't contribute financially for their children. They rely on the state, the lawyers and the system to be their protector while they illegally steal your labor, your income, and your child's future. It takes an egg and a sperm to create a baby, not just a sperm, not just an egg. That other parent should get a job, pay their own way and the laws need to be changed and overturned. They are inhuman, violate human rights and the bill of rights. My right to life, liberty and the pursuit of happiness, along with the rights of my children. Lawyers control this industry as do the judges and family courts. And don't fool yourself, it is an industry and you are the customer who keeps it in business without a choice. The state has thrust a debt burden on you, steals your labor, and makes you a slave to the state and it's courts and jails if you fail to pay your state imposed debt.

Anonymous

4/26/2017 02:33:30 pm

My ex has sole legal custody yet I have my kids 146+ a year. Does the sole legal custody mean a thing besides god, school and doctors? It appears that I clearly have a shared parenting situation.

Kevin O'Flaherty

4/27/2017 01:38:07 pm

Thanks for your comment. Even if your ex has sole legal custody, you will be in a "shared parenting situation" if you have the child for more than 146 overnights per year.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Anonymous

5/5/2017 02:55:27 pm

So with that being said, any idea on how the 146 nights is calculated?

Kevin O'Flaherty

5/5/2017 03:35:24 pm

The number of overnights is based on the allocation of parenting time required by the operative court order.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Bella Rose

5/3/2017 04:42:47 pm

I'm in child support court now, the first court date he requested an attorney, the judge gave him 28 days, second court date his attorney came and he requested for another court date of July 25, 2017 to obtain his financial documents after the new law takes effect. I have a temporary order in effect now, and I wanted to know if the new law will effect my case now? He makes 100,000 year , I make 35,000. He only sees our son on Monday and Tuesday for a few hours. He never spends the night at his home.

Kevin O'Flaherty

5/4/2017 11:31:20 am

Thanks for your question ,Bella. Since your next court date will be July 25, 2017, after the July 1, 2017 effective date of the new child support law, the new law child support law will apply to any orders in your case entered on or after that date. '

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Dawn

5/3/2017 09:40:49 pm

So my ex and I were never married and he now has my case with 2 kids and 2 other cases wth his ex's.. He refuses to work for a pay check cause he doesn't think he should pay and he hasn't seen my 2 kids in 6 years... How will that change my current order that was modified 10/2016 .. As he was working for a few months at that time.. will this effect me at all

Kevin O'Flaherty

5/4/2017 11:34:20 am

Thanks for your question, Dawn. Both the new law and the current child support law will consider your ex's POTENTIAL income when calculating child support if he is voluntarily unemployed or underemployed. Whether or not he has seen your children, your ex is still obligated to pay child support, and will face stiff penalties if he fails to do so.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Chris

5/4/2017 01:23:22 pm

Ok in December 2016 I got notice to appear in court to have my child support modify. We went and they took what I made in 2016 plus my ot that is not Something I will always get. I made 51000 and 10k of it was overtime. My base pay is 1582 before taxes and health insurance. Insurance is 197 per pay check. I get paid bi weekly. Bring home without overtime I get paid around 1000.00 but since they put my overtime in it the state says I bring home around 1500.00 which I couldn't even working 25hr of overtime. So my last pay check without overtime with new child support was 560 child support is 285.00 per pay check. So more or less if I don't work overtime I am just giving her one of my paychecks. I told her this and she said than if I take her to court she would go for back support. I changed jobs in dec of 2008. So can she go back that far or only to when she took me to court to modify order in dec? I waited almost two months to go to court. Thank u for your help

Kevin O'Flaherty

5/5/2017 10:50:47 am

Thanks for your question, Chris. It sounds like you owe past due child support, but that during the period of time that you should have been paying this child support your circumstances changed. You will not be able to have your back child support retroactively modified. Once the child support is due and owing pursuant to a court order, the past due amount cannot usually be retroactively changed.

If you have a change in circumstances, including a reduction in income, you should have your attorney file a motion in court to modify the existing child support order as soon as possible. Check out this article about how to modify child support:

https://www.oflaherty-law.com/our-law-blog/illinois-child-support-modification-explained-what-is-a-substantial-change-in-circumstances-for-modifying-child-support

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Anonymous

5/12/2017 10:17:09 am

So 40%+ time with my kids is not a substantial enough reason to go back to court to have my support modified?!

Kevin O'Flaherty

5/16/2017 09:42:51 am

Thanks for your question, if the fact that you have a shared parenting situation causes your existing child support order to deviate from the guidelines set forth by the new law by more than 20%, you may be able to have your child support modified even if there is not a substantial change in circumstances.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Anonymous

6/9/2017 11:47:13 am

I have read that in the statute but am confused by the part where it states "the provisions of subpargraph (a)(2)(A) shall apply only in cases in which a party is receiving child support enforcement services from the DHFS under article X"

What exactly is that?

Susan

5/19/2017 11:53:09 am

My husband and his ex-wife agreed to every other week custody at the beginning of 2017 but the papers still read that she has "physical custody". She gets an average of $750 per month from us. Since this new law is going to base a lot on time spent will we be able to get the child support reduced? We also take him to therapy and pay all medical, she claims to not be able to afford it. We have to be able to afford to buy him clothes and food also!

Kevin O'Flaherty

5/23/2017 01:23:54 pm

Thanks so much for your question, Susan. Without more information, I can't tell you whether your child support is likely to be reduced.

It seems like you are in a shared parenting situation, regardless of who has "custody." Shared parenting situations will tend to reduce the child support obligation of the obligor parent. However, bear in mind that relative incomes are also a large factor, along with the fact that shared parenting situations cause the total amount of child support for which the parents are jointly responsible to be increased.

If you would like to discuss the specifics of your case, please feel free to give us a call at (630)324-6666 and schedule a free consultation.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Daniel Kelly

5/25/2017 12:45:17 am

I have the child 154 days of the year...... I make $7100 a month and have a temp order for $1100 now. ( next court day is after July 1st) but she makes $16,200 a month. Will I pay less then my temporary order?

Kevin O'Flaherty

5/25/2017 02:55:30 pm

Thanks for the question, Daniel.

You are likely to pay less under the new child support law both because the other parent makes significantly more than you and because you are in a shared parenting situation.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Donnell

5/30/2017 10:02:20 am

So if I have a good state job, insurance on kids and self, have kids every weekend, most of the summer and whenever I want them, and she doesn't work, gets state aid; Will I end up paying more than her and than what I pay now?

Kevin O'Flaherty

6/2/2017 11:19:03 am

Thanks for your question, Donnell. The answer depends on how much total child support is required by the guidelines based on your specific situation. Certainly the fact that your income is greater than hers does not weigh in your favor, but it is not necessarily determinative that your child support will increase. If you would like to talk about specifics with one of our attorneys, please feel free to give us a call.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Delete

chelseas( chels.burgess@gmail.com )

6/2/2017 02:58:00 pm

My husband and I are currently paying $600 a month for his other child. Since we started paying child support we have had another baby. So at home it makes myself my husband and our two kids, then he has another child. Would making having this baby since we start paying child support a good enough reason to go back to see if we could his amout lowered. My next question is that she doesn't have a job and refuses to get one because she has three different children by three different men and gets child support from all of them. We live over 2 hours away so we only get every other weekend and 4 weeks in the summer.

Delete

Kevin O'Flahertylink( koflaherty@oflaherty-law.com )

6/16/2017 05:06:45 pm

Thanks for your question, Chelseas. You may find this article helpful:

https://www.oflaherty-law.com/our-law-blog/how-is-child-support-calculated-for-multiple-families-in-illinois

As to your question regarding refusal to obtain a job, courts take POTENTIAL income into account when an individual is voluntarily unemployed.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Delete

Tamee( tameemeyer@yahoo.com )

6/2/2017 05:57:51 pm

If my ex is making significantly more money now & our two oldest are turning 18 this month, can he modify support? Or can I petition for an increase. I have been a stay at home mom for 18 years. My professional skills are limited as I didn't finish college. Is there any consideration for the fact that in the last year (since his wife moved from Columbia here with her son), he hasn't had my children in his home overnight over every other weekend at all as required by the JPA.

Delete

Kevin O'Flahertylink( koflaherty@oflaherty-law.com )

6/16/2017 05:08:33 pm

This article should answer your question, Tamee:

https://www.oflaherty-law.com/our-law-blog/illinois-child-support-modification-explained-what-is-a-substantial-change-in-circumstances-for-modifying-child-support

If you still have questions after reading the article, feel free to contact us at the number below to discuss specifics.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Delete

Dawn( Kueper4845@gmail.com )

6/8/2017 08:26:51 pm

I am totally confused....my daughter had breast cancer 2014 and has had chemo and radiation and multiple surgeries her latest surgery April 2017. She has no income except the 300 cash assistance from the state and food stamps...her attorney put in child support order in March, she hasn't received anything...she called child support division and they told her that his employer can legally hold it an additional 10 days. She called public aid today and they said since the order was put in for child support they are taking her check and food stamp balance for may and June out of her child support. She hasn't received child support...this doesn't make sense. They said she will not receive any child support until July...also the court order amount and the amount there withholding are different ...she has hit Rick bottom ....her electric shit off her water and they will be coming for her car....I just don't understand.

Delete

Kevin O'Flahertylink( koflaherty@oflaherty-law.com )

6/16/2017 05:10:19 pm

Thanks for your comment, Dawn. Sounds like your daughter needs to speak to an attorney. We'd be happy to help.

Delete

Jill( nms91910@yahoo.com )

6/8/2017 10:53:44 pm

Hi, under the new law can you give quick insight to our situation. My husband pays $1000 a month for one child, we do not have shared parenting time. We get one weekend every three weeks and three weeks in the summer. My husbands order has not been modified in 5 years or so, net income is about 60k and we presume his childs mothers net is 45-50k, she has since remarried has a spouse who works and also has child he has full custody of. My husband and i have three children together as well, we have had to file bankruptcy just to save ourselves from drowning. Will the new laws help us in any way? Will our three children be taken into effect, as we only had one child when his order was put into place. Thank you.

Delete

Kevin O'Flahertylink( koflaherty@oflaherty-law.com )

6/16/2017 05:14:16 pm

Thanks for your question, Jill. In order to get into the specifics regarding whether your husband's child support is likely to go up or down under the new law, he would have to retain an attorney to run the numbers. However, there are a couple quick points I can touch on that may be helpful.

First, this article may shed some light on how child support works with multiple families:

https://www.oflaherty-law.com/our-law-blog/illinois-child-support-modification-explained-what-is-a-substantial-change-in-circumstances-for-modifying-child-support

Second, the spouse's income is typically not taken into account, because the spouse has no legal obligation to care for the child (unless the child has been adopted by the spouse).

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Delete

Mustang Sally( steffanie32@hotmail.com )

6/14/2017 01:10:49 pm

If the mother is wanting a modification in child support due to the father 's income has increased, would the courts modify the order under the new law? Also the mother has not utilized summer care for several years now as the children are older and now stay home during the summer, yet pesters the father for the summer support still even though she cannot provide receipts to in which he is supposed to be able to write off on taxes per the current order. Is the removal of the summer care payments enough to modify the order under the new law?

Delete

Kevin O"Flahertylink( koflaherty@oflaherty-law.com )

6/16/2017 05:17:01 pm

Thanks for the questions, Mustang Sally.

First, if the father's income has increased, that would be a basis to modify the child support order. Check out this article for more details:

https://www.oflaherty-law.com/our-law-blog/illinois-child-support-modification-explained-what-is-a-substantial-change-in-circumstances-for-modifying-child-support

Second, whether removal of Summer care payments is enough to modify support under the new law depends on whether the Summer care payments were a basis for the judge to deviate from the guidelines when the initial order was entered.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Delete

Kevin O'Flahertylink( koflaherty@oflaherty-law.com )

6/16/2017 04:37:41 pm

Hi everyone. Thanks for all of your comments. Sorry for the delay in responding. I've been out of town for the past week or so. I'll do my best to answer your questions by early next week.

Delete

Anon( Westwx@me.com )

6/16/2017 05:16:46 pm

6/9/2017 11:47:13 am

I have read that in the statute but am confused by the part where it states "the provisions of subpargraph (a)(2)(A) shall apply only in cases in which a party is receiving child support enforcement services from the DHFS under article X"

What exactly is that?

Delete

Kevin O'Flahertylink( koflaherty@oflaherty-law.com )

6/19/2017 11:36:21 am

Thanks for your question, Anon. If you would like to give me the paragraph number for the section you are quoting, I'd be happy to take a look at that part of the statute and get some context in order to answer your question.

Delete

Anon( Westwx@me,com )

6/19/2017 12:01:42 pm

It is on page 34 of the statue 505.2 a2a?

Delete

Kevin O'Flahertylink( koflaherty@oflaherty-law.com )

6/20/2017 11:40:09 am

After taking a look at the section of the statute you referenced, your question is good enough that its answer warrants a blog article. I will make this the subject of next week's article and share it with you here. Thanks for the interesting question.

Delete

Kevin O'Flahertylink( koflaherty@oflaherty-law.com )

6/30/2017 12:55:20 pm

I ended up getting sidetracked on this week's blog article by the Supreme Court's partial lifting of the preliminary injunction on the Trump travel ban, but I wanted to get back to you with a response.

In answer to your question, child support can only be modified based on a deviation from the guidelines in cases where the person seeking to modify the child support is receiving child support enforcement assistance from the Illinois Department of Healthcare and Family Services and when 36 months have elapsed since the original order was entered:

You can read more about child support enforcement assistance here:

https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs1759.aspx

So, even if your child support deviates from the guidelines by more than 20%, you need to show a "substantial change in circumstances" or a need to pay for the healthcare needs of the child in order to have the original order modified UNLESS you are receiving child support assistance from the IDHFS.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Delete

julie( jlenora67@live.com )

6/19/2017 01:33:56 pm

Can you clarify if/how the new law might affect sharing expenses for a child who is no longer a minor but starting college? My ex is pressuring me to sign an arrangement on how we'll split expenses since our son just graduated high school. While the verbiage in our current JPA is very clear when the kids are minors, split 50/50, it only states that we'll "share" college expenses when they're not. His income is 5x mine and his joint family income is 7x mine as he's remarried and I'm not. I'm not sure he'll pursue a mod for our son since the current order was set years ago when his income was significantly less. Under the new law, he may end up paying more for the remaining two kids as they spend maybe 100 nights with him. Should I combine a child support mod with this expense agreement or keep the two issues separate?

Also, must proof be given if the kids spend less overnights than what's in the agreement? As the kids became teen, we've let them choose if they want to don't want to spend the entire stay at Dad's. He also hasn't taken his full 5 weeks of summer in years. Regardless, it doesn't add up to 146 nights. I haven't been keeping a calendar of when they pass on staying at Dad's. Can this become an issue? Thanks.

Delete

Kevin O'Flahertylink( koflaherty@oflaherty-law.com )

6/20/2017 11:43:07 am

Well thought out question, Julie, deserving of a well thought out response. I'll post an answer to this in the next day or two as soon as time permits. Thanks for your thoughtful question.

Delete

Kevin O'Flahertylink( Koflaherty@oflaherty-law.com )

6/27/2017 05:07:47 pm

Julie:

Child support is not mandatory for college expenses. However, the court has discretion to award it based on several factors. This will be the topic of a blog article in the next couple weeks. The bottom line is that, if you are successful in convincing the court to award child support, the amount of the child support payments are generally based on relative incomes of the parents.

As with any issue, if there is a dispute as to the facts regarding the number of overnights spent with each parent, a hearing will be held at which each side will present evidence.

Please feel free to respond with any further questions.

Delete

Kevin O'Flahertylink( koflaherty@oflaherty-law.com )

7/20/2017 03:40:51 pm

Julie:

I wrote the following blog article based on your question. It explains how Illinois child support works with college expenses. Hopefully you find it helpful:

https://www.oflaherty-law.com/our-law-blog/illinois-child-support-and-college-expenses-2017

Delete

shannon toombs( shannontoombs1@gmail.com )

6/24/2017 01:42:37 pm

My question is this. I have a son and daughter by someone who is now married. They have one child under 18 that is 11. In the above law, it talks about the emotional well being of a child. I have tried for years to get him to see his daughter and his son, but he still finds excuses as to why he can't. In addition, just recently, Again, he tells my son he wants nothing to do with that he had better things to do. When confronted he called him a little punk. Over the years it was hard to get him to acknowledge and I have always been the one punished or ridiculed. All the blame on me. Now I feel that because of his emotional abuse on my son, he should be held responsible. I felt like if he did not want to see him , at least he should be required to pay. I am at the stage now where I do nt want money from him because of what he is said. The challenge is also that he is only one hour away. And still does not see them. Jan of 2017, he said to meet him at the VA hospital outside at the entrance. We waited for two hours in the cold and he never showed up. Since the order talks about emotional well being, can they now force him to visit? They have not even met their brother who is 11. He does not even know his brother and sister exist. I am tired of everyone placing the blame on me, it takes two to tango. How will the order address situations like this? Can the custodial parent decide to vacate a current order. The emotional toll on my son and daughter is becoming very difficult to deal with. I have to take my son to counseling because of what his father said to him. It is very painful to watch. I don't make as much as him, but I do have other kids that are at home. One child their is no problem and my youngest son, his father passed away. To be honest I do not want his money because his job is always late sending it. They sometime wait weeks before they send it. I try to contact him and he says isn't that what I pay support for. They take it out , what else you want me to do. I try to explain that the job did not send it in to the state disbursement unit and he says it is not his problem but he is the only one that can do something about it. That is not even half the mess he has caused.

I know very well the law and I feel that my two children with him emotional well being will be impacted by receiving the money. They need it and to be honest I say I should get everything they are entitled too since he is not acting like a father. My son is struggling because he told him he did not want to be around him nor do anything with him because he had better things to do. I do not want to put him in anymore pain. But like I said, I feel he should have to pay. Now for the second question. My son will be 18 in May 2018. But he will be in school one more year before he graduates highschool. Can I request he pay until he finishes school?

Delete

Kevin O'Flahertylink( koflaherty@oflaherty-law.com )

6/27/2017 05:42:33 pm

Thanks for the question, Shannon. Courts typically do not compel a non-custodial parent to visit the child. The reasoning is that forcing a parent to visit runs counter to the child's best interests.

With respect to your question regarding child support for college, please see my response to Julie's question immediately above yours.

I see that you put a lot of detail in your question. If I did not address all of your questions or if you would like to discuss your situation in detail, please feel free to give us a call.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Delete

Jessica( Jesmenlani@gmail.com )

6/25/2017 08:09:55 pm

My daughter is 12 and is no longer wanting to go

With her dad. We have an interstate order. I am in Illinois and he is in Indiana. There is a current order in place, but she is having a hard time and it is starting to interfere with things at school (extra cirricular activities) and her competitive cheer. I have attempted to reach out to him and even

Suggested she speak to him, but his only reply is "my order states". Is there anything that can be done? Can I go back to court? Can she lessen her time with him? I am afraid this is going to effect her in other ways soon. He is always working on his weekends with her and sometimes even cancels his day during the week. He doesn't attend any school

Functions or her cheerleading events.

Delete

Kevin O'Flahertylink( Koflaherty@oflaherty-law.com )

6/27/2017 05:13:46 pm

Thanks for your comment, Jessica. This article should answer your question:

https://www.oflaherty-law.com/our-law-blog/factors-courts-consider-in-determining-child-custody-issues

Delete

Monet( shellabriel@yahoo.com )

6/26/2017 07:02:53 am

So my husband just got his custody agreement with his ex girlfriend. She doesn't like the agreement because she feels that her daughter will be around me for too much time. I have not been found as threat at all to her daughter and the mediator told her that she was being unreasonable and unfair and it sounds like she has a personal problem with me. Since my husband had his days granted, she said it's not over and she's going nack to get more child support. He has switched jobs since the order was put in 3 years ago and he's making much more money. We had a child 2 years ago and I was wanting to know will the court increase his child support pay even though we've had another child? I just don't think that's fair all because of her personal problem that she has with me. And she has a fiance living in the house with her and she gets government assistance. My husband said that he'll agree to give her an extra $200 so that will be $500 in total and then he's putting his daughter on our health insurance this month which I think is more than fair. Can he type up an agreement, they both sign it and have it looked over by the courts?

Delete

Kevin O'Flahertylink( koflaherty@oflaherty-law.com )

6/27/2017 05:45:38 pm

Thanks for your question, Monet. Your husband and his ex can certainly prepare an agreement regarding modification of your husband's child support. However, it is only effective if ratified by the court. This article should said some more light on the subject:

https://www.oflaherty-law.com/our-law-blog/illinois-child-support-modification-explained-what-is-a-substantial-change-in-circumstances-for-modifying-child-support

Delete

Michelle( michelledavis583@yahoo.com )

6/26/2017 05:12:03 pm

I am the custodial parent of my 2 kids..one never has any overnights with her dad and one has 8 overnights with her dad a month, will my child support change? This is no where near the 146 days, but I make more money than him.

Delete

Kevin O'Flahertylink( koflaherty@oflaherty-law.com )

6/27/2017 05:47:59 pm

Thanks for the question, Michelle. The state of Illinois has released the new child support guidelines and a calculator you can use to determine how much child support you are likely to receive under the new law. You can read about these tools and how to use them here:

https://www.oflaherty-law.com/our-law-blog/new-2017-child-support-income-shares-guidelines

Delete

Gina( regina40304@gmail.com )

6/27/2017 10:01:05 am

My concerns is that if both parents make the same amount of money, the non custodial parent would pay less because he will have a smaller net income due to more taxes being taken out. I don't think it is fair that the custodial parent has to do all the work and pay more. Or in my case; My child's father never worked and she is 11. So I have always been responsible for her needs and always will be. He is a 3x felon with other children which means that he will always be under employed and I will always have to pay more due to me being a college grad and having more options for higher paying jobs!

Delete

Kevin O'Flahertylink( koflaherty@oflaherty-law.com )

6/27/2017 06:19:58 pm

The Illinois Department of Healthcare and Financial Services has released the new child support guidelines that will be effective after July 1, 2017 as well as a child support calculator. For those of you who have asked how your child support will change under the new law, we have published a new article linking to these tools and explaining these and other tools for estimating your expected child support under the new law:

https://www.oflaherty-law.com/our-law-blog/new-2017-child-support-income-shares-guidelines

Delete

Terry Gourneaulink( tgourneau49@gmail.com )

7/10/2017 04:36:11 pm

I recently found out that there was a child support order from over 42 years ago, my children are 42 and 47 years old and Illinois is garnishing my paycheck to pay this back plus arrears. I am just aghast since my ex-husband has never said anything over the years and I was never notified and have lived in the same place for over 40 years!

Delete

Kevin O'Flahertylink( koflaherty@oflaherty-law.com )

7/20/2017 03:58:56 pm

Terry:

I would definitely recommend hiring an attorney to look into this for you. I imagine you will probably have a defense to payment. Feel free to give us a call at (630)324-6666 if you would like a free consultation.

Delete

Mr. Kelly( urbrevcon@yahoo.com )

7/14/2017 03:06:51 pm

Does the court count flipping houses as income toward salary in child support cases. If yes how is the profit counted towards monthly income shared chart?

Delete

Kevin O'Flahertylink( koflaherty@oflaherty-law.com )

7/20/2017 03:55:19 pm

This article on varying income and child support should answer your question, Mr. Kelly. Thanks for reading.

https://www.oflaherty-law.com/our-law-blog/how-is-illinois-child-support-calculated-for-overtime-bonuses-and-varying-income

Delete

katy( atmmachinehackes@gmail.com )

7/20/2017 10:19:15 pm

hi here your good

Delete

Kevin O'Flahertylink( koflaherty@oflaherty-law.com )

8/1/2017 04:40:26 pm

Thanks so much for the feedback, Katy. I appreciate it!

Delete

David( No email )

7/25/2017 06:05:04 pm

I'm curious as I'm going for 50/50 custody of my daughter. If I am successful would I be required to cover all expenses if the mother refuses to get a job? She has the Idea that she makes more from state assistance than a job.

Delete

Kevin O'Flahertylink( koflaherty@oflaherty-law.com )

8/1/2017 04:43:41 pm

Thanks for your question, David.

A couple things to keep in mind:

(1) If you are with your daughter about half the time, you will be in a shared parenting situation, which would tend to reduce the amount of any child support payments for which you would be responsible; and

(2) If your ex voluntarily chooses to be unemployed or underemployed, the court will look at her POTENTIAL income when determining child support amounts. You would have to show that based on her education level and work history she could be making more from getting a job than from state assistance.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Delete

Dorothy Faust( dsully79@gmail.com )

7/29/2017 11:27:32 am

Hi Mr. O'Flaherty,

I appreciate all of your information on the new law.

My husband and myself are currently in the process of a divorce. I files in March. He was employed at the time making about 20% more than me.

He lost his job about 2 months later. He stated it was because he was late to work too many times.

I did receive all suport payments at that time. He filed for unexpected and is currently getting unemployment checks for about 2 months. I have not received any of it.

Now, I make leas than him, so according to the new law I would be getting less support once I do start receiving it.

Do you believe I could file to get support from when he was employed since he was the cause of his termination by being late to work?

If so, what would the approximate cost of that type of filing? Just seeing what action s woukd be cost beneficial for me.

ThankS

Dorothy Faust

Delete

Kevin O'Flahertylink( koflaherty@oflaherty-law.com )

8/1/2017 05:06:52 pm

Thanks for your question, Dorothy. If your ex is voluntarily unemployed, the court will use his potential income in calculating his child support obligation. Using his income from his previous job as a benchmark for his potential income makes perfect sense.

If you would like to get a cost estimate for modification of child support, you can call our office at (630)324-6666 to schedule a free phone or in-person consultation. The attorney that you meet with can give you a more accurate cost estimate than I can.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Delete

Shannon( watch_tigger_bounce@yahoo.com )

7/31/2017 05:54:35 pm

I waited until the new law came out and the charts were available and it looks like we would have been better off filing before they came out. The new calculations seem to NOT even take into account her income at all and do not reduce his income by the amount he is paying her. He was actually laid off and is making half the income he was previously and his child support will only be reduced under the new law by about $206 a month. Even with her having a job. AM I missing something in how this was supposed to even out the share of the cost of raising children?

We also have the added expense of taking her back to court to have child support and maintenance reduced because he lost his job, was not able to make three of his child support and maintenance payments, but every lawyer we have talked to says it does not matter that he had NO income he still has to pay her that amount. I looked at the amount he actually made this year and even with missing those payments he over paid her based on his ACTUAL income, but the lawyers say the court doesn't care. She has not suffered at all because of the missed payments because she got a full time job when he got laid off that she has told us she is going to quit now that she will be getting paid again. HOW is this fair?

Delete

Kevin O'Flahertylink( koflaherty@oflaherty-law.com )

8/1/2017 05:09:25 pm

Thanks for your comment, Shannon. I can't really speak to fairness, or to whether you have calculated correctly. However, if you would like to give us a call at (630)324-6666, we'd be happy to help.

Delete

Kathie West( kathie.west@mckesson.com )

8/1/2017 06:53:27 am

My husband and I have had his daughter for almost 7 years. We live in Texas and filed for child support here almost two years ago. The child support office here in Texas says they have sent requests to the state of IL. but have received nothing. Now my step daughter, who will be 17 in September, wants to live back with her mom in IL. The mother has filed for a change of custody and child support. Will the fact that she never paid child support be considered by the state of IL?

Delete

kathiewest( kathie.west@mckesson.com )

8/1/2017 05:09:57 pm

We have to be in court on the issue above on 08/11/2017. could use some advice.

Delete

Kathie West( kathie.west@mckesson.com )

8/1/2017 05:10:39 pm

Delete

Kevin O'Flahertylink( koflaherty@oflaherty-law.com )

8/1/2017 05:15:07 pm

Thanks for your question, Kathie. There are a lot of specifics I would need to get from you in order to give you a reliable answer. Feel free to call at (630)324-6666 if you would like to discuss in detail. However, I would expect the Illinois court to take any legitimate child support arrears into account in its child support order. The issue may be whether the proper procedures were followed along the way.

Disclaimer: This post is not intended to create an attorney-client relationship or to constitute legal advice. Before taking any action, I recommend consulting with an attorney at our firm or at another firm of your choice. Feel free to call us at (630)324-6666 for a free consultation.

Delete

Joshualink( Joshua.schenck18@yahoo.com )

8/4/2017 06:02:41 pm

I am in the army and currently pay 28 percent of my total income of all my entitlements . There is nothing in my order that talks about that fluctuating when my entitlements fluctuate . 1500 a month plus me paying all medical and dental and the ex wife asking for additional money for school registrations and sports seems a lot . Not to mention if scheduling doesn't workout sometimes I can't see my kids every other weekend like I am supposed to or when I am far away getting them for the entire summer .

Delete

Kevin O'Flahertylink( Koflaherty@oflaherty-law.com )

8/11/2017 04:58:58 pm

Joshua:

Thanks for reading and sharing your experience. Please feel free to call us at (630)324-6666 if you would like some assistance.

Delete

Brian( brianmatthewlee@live.com )

9/13/2017 03:51:39 pm

My sister-in-law was divorced about 2 years ago. To this day, the Judge has not enforced the terms of the divorce re: child support, maintenance, health care for the kids, or even registering with the state. The attorney's on both sides appear to be enjoying the inaction by the judge as she is brought back to court ever 3 months to "check in" on progress of what the delinquent father has or has not complied with. The judge also appears to have a bias towards the delinquent father which is the primary reason that he has never been placed in contempt or jail for that matter. My sister-in law is behind in her mortgage. The kids have no health care, and she is borrowing money for food and essentials. HOW CAN THIS BE ALLOWED and what can be done about this JUDGE?? Surely this corrupt system and process cannot continue as the house moves closer into foreclosure and the kids do without. Isn't there anyone overseeing such in-action of the Judge? Doesn't the judge have any responsibility in the matter? After two years of "pay what he wants, when he wants" he now has had ample time to hide his finances, income, and paint a public picture as he cannot afford to pay anything. AND NOW the Judge suddenly is acting on HIS request and wants the attorneys to get together to renegotiate child support and maintenace. As you can tell I am really upset about this. She's told not to speak in court. She's told that it will take time. She's told that the Judge will be replaced by another Judge in 2018. Is this the state of our legal system? A mother and her 4 kids should lose their house and kids starve because a Judge can do whatever he wants? Please offer any advice, publicly or private. thanks

Delete

Kevin O'Flahertylink( koflaherty@oflaherty-law.com )

10/2/2017 12:07:33 pm

Thanks for your question, Brian. Unfortunately, I can't get into specifics regarding individual situations without being retained. Feel free to reach out to us at (630)324-6666 to schedule a consultation.

Delete

Robin Thompson( r7thmps@sbcglobal.net )

10/3/2017 05:10:35 pm

What happen if a man files to give child support and the mother doesnt want it ?

Delete

Angie( a.staft@gmail.com )

10/9/2017 03:57:13 pm

Can a child support order be served on a father who depends on the mother for childcare 24-7 to work, lives in the home, & is refusing to buy groceries & refusing to pay bills? Also refusing to make Illinois DHS Medicaid Expansion payments of $25/month for mother & minor children to have access to healthcare. Mother had restraining order in 2005 after 1st child was born on father due to financial, physical, & mental abuse. Father hired attorney & convinced court to award him custody despite restraining order, due to judge ignoring DCFS findings & mother suffering post partem mental health issues. Mother has been trapped taking care of father daily since (a drug addict alcoholic who is incontinent), who at times holds a side job, just to remain caretaker of child. In order to have child in home & in life, the restraining order had to be dropped after mental health treatment 12 years ago. Currently he is making $23/hour & holding family hostage to his financial abuse, & substance abuse. Both mother & father are on house title, & many other legally binding documents. With no money for basic necessities, no help with childcare, ruined credit, 10K in student loan debt, & no money for an attorney, I was curious. 30+ police crisis calls were made due to father's out of control behavior, but police only dropped him off at his parent's house, never transported for a psych hold or arrested him. His parents bought him the lawyer when 1st child was born to take child from mother. They give him money for booze & enjoy the tax breaks he gets from claiming the kids each year, while the children are deprived of basics. The legal system & advocates are a complete joke. Any advice on how to get support from this deadbeat? Thanks.

Delete

Kevin O'Flahertylink( koflaherty@oflaherty-law.com )

10/12/2017 12:02:31 pm

Thanks for your question, Angie. Unfortunately, I can't get into specifics regarding individual situations without being retained. Feel free to reach out to us at (630)324-6666 to schedule a consultation.

Changes to Illinois Child Support Laws for 2018
Disclaimer: Our articles and comment responses do not constitute legal advice and are not intended to create an attorney-client relationship.

Please contact us to schedule a free consultation for legal advice specific to your situation.

How is Child Support Calculated for Multiple Families in Illinois?Illinois Has Released Guidelines and Child Support Calculator for New Child Support Lawillinois child support laws 2018how do you figure out child support payments?what is the law for child support in Illinois?illinois child support law change 2017

Subscribe to our mailing list

* indicates required

Here are some articles that may interest you

Categories