Tag Archives: income shares

Which Circumstances Allow You to Modify Child Support Payments?Due to the overhaul of Illinois’ child support law a few years ago, some divorced or separated parents are working under a drastically different child support system than others:

  • For child support agreements created before July 1, 2017, the non-resident parent pays a percentage of his or her income, based on the number of children; and
  • For child support agreements created since July 1, 2017, the total child support obligation is determined by the parents’ combined incomes, and the non-resident parent pays a percentage of the obligation that is proportionate to his or her share of the combined incomes.

The new child support model would potentially reduce the payments of a parent who was using the previous child support model. However, the existence of the new law is not enough reason to allow a modification of a child support agreement. 

Recent Case

A parent needs to prove a significant change of circumstances to immediately modify a child support agreement, which is usually a change in income or expenses for either parent. In the recent case of In re Marriage of Salvatore, a divorced father thought he had enough of a change of circumstances to allow him to reduce his child support payments. The parents had completed their divorce in 2015, with the father paying $8,100 per month for child support. The mother was unemployed at the time of divorce but had since been employed as an office worker and nurse.

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Kane County child support lawyersWhile very few people would dispute the appropriateness or the need for child support, there are differing opinions regarding how support payments should be determined. For many years, Illinois law based child support calculations primarily on the income of the supporting parent and the number of children needing support. Beginning next summer, however, the state’s approach will be changing to one that is seen by many as more equitable since it accounts for both parents’ income and the actual cost of raising a child.

Income Shares Child Support Model

Last summer, Illinois Governor Bruce Rauner signed a measure several years in the making. The new law provides a totally updated model for determining a parent’s child support obligation. The method is known as “income shares” and is currently in use in more than three dozen other states. According to the income shares model, the combined income of both parents is used to determine a “basic support amount,” or the amount that the couple would spend on raising their child if they had remained in the same household. The Illinois Department of Healthcare and Family Services has been tasked with developing a table for determining this amount as a percentage of the parents’ combined income.

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Goostree Law Group

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