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Changing Child Support Calculations

child support calculations, DuPage County child support lawyer, income sharing model, child support order, child support modificationThe way in which child support is calculated in Illinois is about to undergo a massive evolution this July 2017. For the first time in Illinois, the state is moving towards an “income sharing” model—a model that is used by various other states.

Under current Illinois law, the method of calculating child support is to use a fixed percentage of a nonresidential parent's net income. For example, if there is one child in a household, the court would calculate 20 percent of his or her parent's net income to determine what he or she is obligated to pay for child support.

How Are the Calculations Different?

Instead of using a fixed percentage, the law directs courts to consider variables outside of a parent's net income. Those variables include:

  • The educational needs of the child;
  • The financial needs of the parent's involved;
  • The amount of parenting time; and
  • The health care needs of the child.

The law changed the way Illinois judges calculated child support because they wanted a formula that would produce results that were in the best interest of both the child and the parent.

What Are the New Guidelines?

The Illinois Department of Healthcare and Family Services are drafting the new guidelines for courts to use and have a deadline of July 1, 2017. What is known is that the courts will calculate how much money an intact household would spend on the care of the child. Once they determine that amount, they will then factor in the above-mentioned variables and come up with a determination of how much money is needed from each parent to serve the best interests of the child.

Can I Modify an Existing Child Support Order Under the New Law?

The new law does not take effect until July 1 of this year. Therefore, any attempts to modify a child support order under this new law must wait until the law becomes active. If you are thinking about modifying an existing child support order or have children and are considering getting a divorce, you need an experienced and relentless DuPage County child support lawyer. The attorneys at Davi Law Group, LLC are compassionate, patient, and understanding. Contact our Wheaton office at 630-580-6373 to schedule a consultation.

Sources:

http://www.wsiltv.com/story/34690857/new-child-support-law-to-take-effect-in-illinois 
http://www.ilga.gov/legislation/publicacts/99/PDF/099-0764.pdf
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Warrenville Office
Address28371 Davis Parkway
Suite 103
Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road
Building A, Suite 105
Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street
Suite 900
Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street
7th Floor
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
Davi Law Group, LLC handles family law, estate planning and real estate matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville, Illinois.
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, 7th Floor,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
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