How to Calculate Illinois Child Support After the July 2017 Law Change

DuPage County Lawyer Explains New Child Support Guidelines in Illinois

On July 1, 2017, the child support guidelines changed in Illinois. Currently, child support is calculated using an income shares formula. The model takes into account two main factors: each parent's income and the amount of income that is usually spent on the number of children involved.

The child support guidelines can significantly impact your child support obligations and payments. If your divorce case involves child support, or if you have any questions about how the new guidelines will affect the amount of support you pay or receive, contact the family law attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC. Our lawyers can help you determine the amount of child support you will be legally required to pay.

Calculating Child Support Obligations

One of the primary factors included in the child support formula is the parents' net monthly income. Parents can use a standardized tax amount formula or an individualized tax amount formula to determine their net monthly income. Once each parent's net income is determined, the two incomes are combined. Using this combined income and the number of children the parents share, tables published by the state of Illinois will be used to determine the amount of income that would ordinarily be spent to care for the children. For example, if the parents' combined income is $10,000, and they share one child, that amount is $1,445 per month.

After the amount required to care for the children is established, the amount each parent should contribute in support is determined. This amount is determined based on the contributions each parent makes to the monthly net income. If a parent makes $7,500 per month, and the couple's total monthly net income is $10,000 per month, that means that parent contributes 75 percent to the net income. The percentage of contribution the parent makes is multiplied by the amount of the child support obligation:

75% x $1,445 = $1,083.75 per month

Therefore, the parent would be obligated to pay $1,083.75 per month in child support.

The other parent would be responsible for the remaining amount. However, when children will be living with one parent the majority of the time, that parent will typically receive payments from the other parent. In this example, if the children will live primarily with the parent who earns 25 percent of the total monthly net income, that parent will receive $1,083.75 each month from the other parent.

How Parenting Time May Affect Child Support Calculations

The amount of parenting time each parent has with a child may also affect the calculation of child support. The calculation detailed above will be used if one parent will have the child for less than 146 nights per year. If each parent has the child for 146 or more nights per year, the standard formula may not apply, and other factors will be considered when determining the amount of child support.

Contact Our DuPage County Child Support Lawyers

It can be difficult to understand exactly how the child support guidelines in Illinois will affect your support obligations and other aspects of your divorce. To determine the amount of child support you will be required to pay, contact our Wheaton family law attorneys at Mirabella, Kincaid, Frederick & Mirabella, LLC. Call us at 630-665-7300 or contact us online. We serve clients in Naperville, Wheaton, Oak Brook, and throughout DuPage County.