Illinois counties, including Kendall, Kane, and DuPage, in the past calculated the amount of child support based on a percentage of the non-custodial parent’s net monthly earnings. With a single child, the portion worked out to 20%. This number would then increase by each child that the ex-spouses had as a couple.
Changes in 2017
After July 1, 2017, the calculation for child support was changed in Illinois. Instead of being based entirely on the non-custodial parent’s income, it would be determined by the income of the combined household as well as the number of children. The obligation is then multiplied by the amount they contributed to the income. In cases where the ex-spouses share time parenting, this number may be reduced.
HB 3982 Specifics
As soon as this bill passed, it allowed courts the ability to order spouses to contribute to expenses, such as health insurance, school activities, and more. This was recognized before, but there is now more guidance available on what falls under specific categories and how each parent is considered when talking about the support obligation. To understand this more thoroughly, your Kane County child support attorneys can break down the actual numbers.
The time spent with the child is part of the consideration when calculating required child support. To hit shared care custody child support obligation, the child needs to be in the home 40% of the time, which is 146 nights. If both parents meet this guideline, the combined income will be determined based on the percentage of nights the child is in each household.
If one, or both, of the parents are currently unemployed, the court can calculate the child support based on the potential income of the parent who is unemployed. If the potential income is 75% of the Federal Poverty Guidelines for a single person family, there may be other options.
Altering Child Support
If you believe you are entitled to a modification of your child support responsibilities, you need to be aware that the only way to do so is if the paying parent has had a significant change in their income or other circumstances that warrant these changes. Kane County child support attorneys can help you determine if you might be eligible.
Kane County Family Law
At Keller Legal Services, we would be happy to walk you through the possibilities related to child support following your divorce. For a free consultation, you can reach us at 630-868-3093.
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