Chicago, Illinois, August 23, 2017: On July 1, 2017, Public Act 099-0764 amended Section 5 to the Illinois Marriage and Dissolution of Marriage Act (also known as IMDMA) switching Illinois to an income shares model for calculating child support payments. The state formerly used a percentage of obligor net income model, but income shares is considered a more equitable method. The courts now consider both parents income in the child support order.
With these major changes to Illinois family law there are many questions that you may have and it’s very important that you get the answers from an experienced and reputable Chicago Family Lawyer. Attorney Michael Craven is an attorney who represents people in all areas of family law and is uniquely qualified to answer some of the questions you may have as it pertains to the new law. Below Michael answered a few of those questions:
What are the biggest changes in the new Illinois child support law I should be aware of?
The law has radically changed. Illinois previously calculated child support based almost exclusively on the income of the parent who owed a duty of support and the number of children to be supported. This method is employed by only a handful of states. The new law brings Illinois into the majority, employing an income sharing approach. Thus, support is based upon tables which are intended to estimate the costs of raising a child at various income levels and then those costs are allocated amongst the two parents based upon respective incomes. There can be adjustments to those numbers in certain situations including those in which the parent who pays support has the children for at least 146 overnights per year. The current law, similar to the old law, allows for add-ons over and above support to be allocated between the parents. These add-ons may include health care costs and extracurricular activities, as well as other expenses.
If I receive or pay child support in Illinois, how will this new law affect me?
If you already have a final child support order entered before July 1, 2017, the new law doesn’t affect it. One cannot come back to court for increase or decrease solely because of the new law. However, if there is a basis to modify the current order, any new order will be based up the new law. Modifications are often based upon increases or decreases in income as well as the emancipation of one child where there remains one or more minor children. As a general rule, support under the new law will be less than under the prior statute.
How can you help me as the new child support law takes effect?
If you plan on seeking support or have a pending case, I can help calculate and negotiate the correct support amount. If you are receiving or paying support I can review your case to determine if a modification will be beneficial to you and determine if there are facts that support a request for a modification.
If there are additional questions that you have regarding the new Illinois Child Support Law, you can contact Michael directly by calling his office at (312) 621-5234. Michael prides himself as an attorney who tries to educate every client he works with as many family law issues, including the new Illinois child support law, can be intimidating and difficult to understand.
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