New Child Support Statute Part 1

New Child Support Statute Part 1

Effective July 1, 2017, Illinois will move to an Income Shares method of calculating child support. This means that the old method of calculating the non-custodial parent’s net income and requiring that parent to pay child support of 20% of that net income for one child, 28% for 2 children, 32% for 3 children, etc., will no long apply. Instead, child support will be calculated under the new method.

First, lets assume a “standard” arrangement: there is a minor child who will primarily reside with one parent and the other parent will have parenting time that is substantially less than the “residential” parent’s time with the child. The non-residential parent will pay child support to the residential parent based on both parties’ incomes.

Assuming that the non-residential parent earns $5,000 per month and the residential parent earns $2,000 per month, we use the Illinois Healthcare & Family Services (IHFS) gross to net income table here to arrive at $1,705 as the residential parent’s net monthly income and $3,759 as the non-residential parent’s net monthly income. Note that gross income includes nearly everything (for example, maintenance or alimony is included). The parties’ total net income is $5,464, and the residential parent has 31.2% of that total and the other parent has 68.8% of that total net income.

To determine total support for one child, we use the $5,464 figure and look on the IHFS income shares table here and arrive at $1,001 per month. If other support for the child is ordered, we add that in: for example, health insurance premiums. Assuming no additions in this case, the non-residential parent will pay the residential parent 68.8% of $1,001, resulting in child support of $688.69 per month.

IHFS has created a Child Support Estimator available here. However, the mechanics of how the Estimator arrives at the support figure are important to be aware of.

Next time, I will address child support where the parenting time is closer to an equal split.

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