Illinois Child Support Law 2017: How Are Non-Minor Educational Expenses and Parental resources Calculated for Illinois Child Support
As explained in our prior article, effective July 1, 2017 child support will be evaluated using the “income shares” model. This is a substantial change from the way child support is calculated now. Currently the amount of child support to be paid by the obligee (person required to pay child support) it is determined pursuant a fixed percentage of the oblige parent’s net income based on the number of children to be provided for. For example, currently when there is only one child to be supported to Court sets the support obligation at 20% of the payee’s net income; if it is two (2) children then it becomes 28%; three (3) children the support obligation is equivalent to 32% of the obliges income
A reader commented on our article asking to expand on non-minor educational expenses and parental resources of the new child support law and to elaborate on if the non-custodial’s new spouse’s income considered a potential resource and if it can be requested. The reader also asked if there has been any recent cases that will define this other than the Drysch Case in 2000.
The “parental resources” the Court’s will now be focusing on will be determined largely based upon each party’s respective income. Under the “income shares” model the definition of income will not change. Income will still be defined as income from all sources minus statutory deductions. What will change is how the income will be apportioned between both parties in conjunction with the values set forth in the “child expenditure table”. Educational expense will be one factor taken into account by the “child expenditure table”.
Courts typically will not consider a new spouses income as a potential resource, because child support calculations only take into account the incomes of the biological parents of the child. The income of the new spouse is therefore irrelevant to any support calculations.
As the “income shares” formula will not be applied until after July 1, 2017 of this year there is no pertinent case law on point with this. It will take several months at least before any helpful precedent will be set through case law because the court’s have not yet to attempted to interpret and apply the “income shares” formula for child support calculations.
This article was submitted by O'Flaherty Law attorney Sean Sullivan.
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