As we explain in our article Changes to Illinois Child Support Laws for 2017, effective July 1, 2017, Illinois reformed its child support laws. Under the former law, the amount that an obligor parent was required to pay in child support was based simply on the obligor’s income and the number of children involved.
Under the new “income shares” model for calculating Illinois child support, the total amount of child support for which the parents are jointly responsible is calculated based on the combined net income of both parents. Once this number is determined, each parent’s share of the responsibility for providing that amount of child support is calculated based on the net incomes of the parents relative to one another.
This means that, unlike the previous law, the new child support law takes the income of the recipient of the child support into account when determining the amount of the obligor parent’s child support obligation.
In shared physical care situations, defined as a parenting situation in which each parent has the child for at least 146 overnights per year, the total child support obligation is multiplied by a factor of 1.5 and the time spent with the child is factored into the calculation. The more time the obligor parent spends with the child, the less the obligor parent’s obligation will be.
The new child support schedules by the Illinois Department of Healthcare and Family Services has released the new child support guidelines as well as several tools which will allow parents to estimate how the new law will affect their child support obligations.
Here are the new resources that have been released by the Department of Healthcare and Family Services:
It is important to note that the new law will not automatically change existing child support obligations. In order to modify existing child support obligations, one parent must file a motion to modify child support and show a substantial change in circumstances as a prerequisite to obtaining an order to modify the child support. The passage of the new law, alone, does not qualify as a substantial change of circumstances.
However, if the child support obligation differs by more than 20% from the new guidelines, a substantial change of circumstances is not required to have child support modified. You can learn more about child support modification here: Illinois Child Support Modification Explained.
6/29/2017 09:44:48 am
Your overview states that the max is based on a combined adjusted “gross” income of $30,000. However, the Income Shares Schedule is based on Combined Net Income and maxes out at $30,000. So the max is really on a combined “net” income of $30,000, not “gross”. The gross to net schedule to determine each parties respective net income maxes out at $30,000 gross per individual.
6/30/2017 01:08:00 pm
Thanks for your comment, Bonnie. I'm not seeing that in my overview. Are you maybe talking about the Illinois Department of Healthcare and Family Services website tools that I link to?Either way, thanks for reading and commenting.
7/1/2017 05:01:58 pm
Now if you have 2 kids from multiple families and your on child support for only 1 does the law still ignore that you have 2 kids or do they take that into account with the new law... next im looking at the chart me and my wife make 5500 and 80% of that is mine do i just look at the chart and find 5000 range to see my support order or what it might be
7/7/2017 09:00:46 am
This article should answer your question, Trell. Thanks for reading.https://www.oflaherty-law.com/learn-about-law/how-is-child-support-calculated-for-multiple-families-in-illinois