Child Support Changes Proposed in Illinois

 Posted on June 24, 2016 in Child Support

NOTE: As of July 2017, the law governing child support in Illinois has changed. Please see our Child Support page for more information.

State Senator Michael Hastings (D-Tinley Park) sponsored legislation that would change the way child support is calculated. According to the Chicago Tribune, Senator Hastings said, "Illinois has a lot of archaic laws. The child support laws on the books do not consider the modern family when determining the necessary child support for many families." HB 3982 would change the child support laws from taking into account just one parent’s income, to using both parents’ incomes to determine the amount of child support that should be paid. Most states do take into account the income of both parents. 

Current Child Support Laws

The Illinois Marriage and Dissolution of Marriage Act uses a formula to calculate the amount of child support owed. Currently, the only income that is taken into account is the income of the parent who is paying child support. The statute sets out a percentage that the parent pays depending on his or her income and the number of children the couple has together.

• One child - 20 percent of net income;
• Two children - 28 percent of net income;
• Three children - 32 percent of net income;
• Four children - 40 percent of net income;
• Five children - 45 percent of net income; and
• Six or more children - 50 percent of net income.

For example, if the payor makes $2,000 a month and has three children with the other parent, the payor would owe $640 a month based on the formula. There may be additional considerations that the court takes into account; however, in the interest of simplicity, generally the formula determines the amount in the absence of extenuating circumstances. 

Proposed Changes

BH 3982 is not as specific as the current laws surrounding child support, and it leaves the specific calculations in the hands of the Department of Healthcare and Family Services. However, if passed, the new law would make several changes to the child support laws, with one of the most major changes being the way that child support is calculated.

The proposed bill would take the income of both parents into account and would then take a percentage of that to determine the total amount that should be allocated for child support. Presumably, then each parent would be responsible for a proportional share of that, with the parent who has fewer parental responsibilities paying support to the other parent. However, as explained above, the specifics would be left up to the Department of Healthcare and Family Services. The end result would create a chart for different numbers of children that lists each parent’s income on each side and then the amount of child support to be calculated. If passed, the law would go into effect July 1, 2017.

DuPage County Child Support Lawyers

Child support law is frequently changing. Therefore, it is important to work with a knowledgeable attorney who knows how the changes may affect you. Whether you are the one paying child support or are the parent who is paid child support, the compassionate DuPage County child support lawyers at Davi Law Group, LLC can answer your questions and assess your concerns. Call us today to schedule a consultation. 

Sources:

http://www.illinoissenatedemocrats.com/index.php/component/tags/tag/706-hb3982

http://www.chicagotribune.com/suburbs/daily-southtown/community/chi-ugc-article-hastings-modernizing-child-support-laws-2016-05-27-story.html 

http://www.ilga.gov/legislation/BillStatus.asp?DocTypeID=HB&DocNum=3982&GAID=13&SessionID=88&LegID=90198