Experienced Central Illinois Child Support Attorneys
Illinois child support laws changed beginning on July 1, 2017. Previously, the obligated parent paid a percentage of their net income based upon the number of children born between the parties. The new law takes into consideration both parents' income. This is a major change from the prior law governing child support.
The new law requires the court to compute the basic child support obligation by following specific steps:
- determining each parent's monthly net income;
- adding the parents' monthly net incomes together to determine the combined monthly net income of the parents;
- selecting the corresponding appropriate amount from the schedule of basic child support obligations based on the parties' combined monthly net income and number of children of the parties; and
- calculating each parent's percentage share of the basic child support obligation.
The court must determine child support in each case by applying the child support guidelines developed by the Department of Public Health unless the court makes a finding that application of the guidelines would be inappropriate in that particular case. The court must consider the best interests of the child and evidence which shows relevant factors including, but not limited to, one or more of the following if the court decides to deviate from the guidelines:
- the financial resources and needs of the child;
- the financial resources and needs of the parents;
- the standard of living the child would have enjoyed had the marriage or civil union not been dissolved; and
- the physical and emotional condition of the child and his or her educational needs.
The court may, in its discretion also order either parent to contribute to school, extracurricular, health care and child care expenses. A parent currently paying for the child's health insurance will be entitled to a credit against their child support obligation in determining the amount to be paid by the obligated parent.
CONTACT THE ATTORNEYS AT KOEPKE & HILTABRAND TO DISCUSS YOUR CHILD SUPPORT ISSUES