On July 1st, Illinois radically changed its child support laws to become more aligned with other states that consider the incomes and parenting times of both parents when determining child support.
Under the new law, how much support you pay depends on how much time you and your ex have with the kids as well as how much you each make. The State of Illinois has created a table (see: https://www.illinois.gov/hfs/SiteCollectionDocuments/IncomeSharesScheduleBasedonNetIncome.pdf) that tells you how much you’d have to contribute for support based on your monthly net income and the number of kids you have. The key term is net as in after taxes and mandatory deductions for items like healthcare.
Under scenario #1 of the new law, you and your ex split custody of the kids 50/50. If that happens you find your monthly income number on the table and theirs as well. You multiply each by 150% and then subtract the lower one from the higher one. Whoever earns more will pay that difference to the other person. While there will surely be arguments about what each person truly makes per month, this is a relatively simple calculation.
Under scenario #2, if you have your kids less than half the time, but more than 40% of the time (146 overnights) then you will be paying child support, but under a different formula. It’s a bigger calculation. You take the joint monthly income of both parents, multiply it by 150% and then multiply it by the income percentage the paying parent earns and then by their soon to be ex’s parent percentage time. Does that sound confusing? Let’s break it down. If you and your ex combine to make $12,000 a month and you make $8,000 of that, but have the kids 42% of the time, you’d take the child support number on the table I linked to for $12,000, multiply it by 1.5 and then by .667 (your income percentage) and then by .58 (your ex’s parenting time).
Scenario #3 is a little simpler. When one parent has the kids less than 40% of the time (again this means overnights), you take the combined net income of both parents and find that number on the table. You then multiply that number by the income percentage of the parent who will be paying. So if a couple makes eight grand combined a month and the paying father/mother makes 75% of that amount, the number on the table is multiplied by .75.
There are a few things to know about this new law. The biggest is that you can’t go in and get your old child support order changed just because the law is different. You have to show a change in your circumstances such as making more or less money. Also, Judges have some discretion in how to apply this law so if you try and get more custody of your kids just to pay less and they see through that, you’ll still end up paying.
The courts in Illinois are already getting flooded with cases and you can bet that will continue. If you have questions or want help on a case, call us at (800) 517-1614 to speak with one of our Chicago based attorneys for free.