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IL family lawyerWhen a couple with children divorces, child support is often ordered to ensure that the child receives financial support from both of his or her parents. Child support can be a major expense in the paying parent’s life as well as a valuable resource for the recipient parent. If you are a divorcing parent who already has a child support obligation from a previous relationship, you may be concerned about how any additional child support requests will be handled. Read on to learn about how child support is calculated in Illinois when the parent has multiple obligations.

Income Shares Method for Calculating Child Support

Illinois child support orders entered after July 1, 2017 are calculated based on the Income Shares model. Instead of child support being based entirely on the payor parent’s income, this calculation method takes into account both of the parent’s incomes. In order to determine the amount of child support that a parent pays, the court combines both parent’s net income and then uses a statutory formula to determines the total amount of support for which both parents are collectively responsible. This total is called the “basic child support obligation.” The basic child support obligation is then divided between the parents based on each parent’s income. If each parent has the child for at least 146 nights a year, this is called a shared parenting arrangement. Because both of the parents are responsible for a large percentage of the total parenting time, the child support obligation is reduced in cases involving shared parenting. The courts may deviate from the Income Shares formula if doing so is in the child’s best interests.

What is Included in a Parent’s Net Income?

The income that is used for child support calculations is the parents’ net income. This means that the income is calculated by subtracting taxes and other expenses from the parent’s gross income. Any previous child support obligations or spousal support obligations are also deducted from the gross income. For example, if a father has a monthly net income of $4,500 and he currently pays $1,000 in child support, any new child support obligations would be calculated using an estimated net income of $3,500.

Contact a Kane County, Illinois Child Support Attorney

Juggling multiple child support obligations can be challenging. For help establishing, enforcing, or modifying child support in Illinois, contact Shaw Family Law, P.C. Whether you are the payor of child support or the recipient, our St. Charles family law attorneys will ensure that your rights are protected. Call our office today at 630-584-5550 and schedule a consultation.

 

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IL divorce lawyerIllinois child support payment amounts are typically based on the “Income Shares” model. This model uses each parent’s net income, the amount of parenting time each parent is responsible for, and a specially designed formula to determine how much child support an obligor parent must pay. However, this child support calculation method may not be reasonable or appropriate in certain circumstances. Illinois law gives courts the option to deviate from the Income Shares guidelines if the court finds that a deviation is in the best interests of the child.

Child Support Calculations

By law, Illinois courts must follow the Income Shares guidelines for determining child support unless the court finds that a deviation would be more beneficial to the child. Courts consider the following factors when determining whether or not to deviate from the guidelines:

  • The child’s financial resources
  • The child’s physical and emotional wellbeing
  • The needs of the child including his or her educational needs
  • The parents’ income, assets, and financial needs
  • The standard of living the child would most likely have experienced if his or her parents were married

If you or your child’s other parent has a very high income or other special circumstances that may necessitate a deviation from the Income Shares child support calculation method, contact an experienced family law attorney. Your lawyer can help you petition the court to disregard the usual calculation method and instead make a child support determination that takes into consideration your unique situation.

Modifying an Existing Child Support Order

Life is constantly changing and sometimes parents need to adjust their child support order to reflect those changes. In Illinois, the Department of Healthcare and Family Services Division of Child Support Services gives parents the right to request a child support modification review every three years. During the modification review, the court evaluates the parents’ financial circumstances and other information in order to determine whether or not the child support order should be adjusted. Parents may also be granted a child support modification if a “substantial change in circumstances” necessitates the modification or if the child support order deviates from the Income Shares guidelines by more than 20 percent.

Contact a Kane County Child Support Lawyer

Child support issues can be especially complex when one or both parents have a high income or other extenuating circumstances. For help establishing child support, enforcing a current child support order, modifying child support, and more, contact Shaw Family Law. Set up a free initial consultation with an accomplished St. Charles family law attorney by calling our office at 630-584-5550 today.

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IL family lawyerIn 2017, Illinois lawmakers changed the way family courts determine child support payments. These changes followed some other significant modifications to the state's laws which redefined child custody and visitation as the allocation of parental responsibility and parenting time. Divorcing parents should be sure to understand their child support obligations and the methods used to determine the amount of child support payments.

Parents’ Combined Income

Before the change in the law, child support payments were determined using a fairly simple calculation that was based on a fixed percentage of the income earned by the non-custodial parent. Under the new laws, child support payments are calculated based on the combined income of both parents. The courts will determine a child support obligation based on what a married couple who earns that combined income would typically spend to care for their child or children. Each parent will be responsible for a certain portion of that obligation based on their percentage of the combined income.

Parenting Time

In many cases, the majority of parenting time will be awarded to one parent and the other will need to make child support payments. If parenting time is split equally, or nearly so, then child support payments are not only based on the income of each parent but also the expenses of each parent in supporting the child. For example, only one parent may pay health insurance premiums. When the income and expenses of each parent are compared when they are both awarded equal parenting time, one parent may be obligated to make child support payments to the other.

Parental Responsibility

There can be many expenses when raising a child which is why it has been reported that it can cost upwards of $230,000 to provide for a child and nurture them to the age of 18. Just some of these expenses that are a large part of parental responsibility include:

  • Health insurance
  • Childcare
  • Extracurricular activities such as sports or clubs
  • School expenses such as uniforms, shoes, fees for trips, etc.

Some parents, depending on their income, are also required to pay some or all of their child’s college costs. These are calculated based on the income of the parents so long as the child is still considered dependent, which is usually until the age of 24. If a student can prove they support themselves independently of their parents, a waiver may be approved. The cost of school or schools the student is applying to is also considered.

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