When you go through a difficult divorce involving minor children from your marriage, the prospect of needing to go back to court in order to modify an order can feel daunting. However, parents and children can experience significant changes in circumstances that require a modification of an existing allocation judgment or child support order. In particular, if you lose your job or if you suddenly are required to take a substantial pay cut, you may be concerned about meeting your child support obligation. Under such circumstances, it may be possible to ask the court to modify the child support order. When you are seeking a modification, you should always work with an experienced DuPage County family law attorney.

How DuPage County Courts Determine Child Support

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), courts in DuPage County and throughout Illinois determine child support obligations based on guidelines and the “income shares” model for calculating child support. This method is streamlined based on the total income of both parents. In using the income shares model, the court will combine both parents’ incomes to determine the total income. Then, the court will look at the Illinois child support guidelines, which provide a specific monthly child support obligation based on the total income (of both parents) and the number of minor children in need of support.

The court determines each parent’s percentage of that obligation based on the parent’s individual income, number of overnights with the child, and other relevant factors. Yet a parent’s ability to pay his or her child support obligation can change over time.

If you live in DuPage County and have been thinking about filing for divorce, you may know that Illinois law recently changed when it comes to child support. In brief, as of July 1, 2017, Illinois now follows the “income shares” model when calculating child support obligations. Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/505), the court calculates both parents’ combined net income, and then determines the total amount of the child support obligation from the schedule. The court then calculates each of the parent’s percentage share of that child support obligation.

How does parenting time affect each parent’s percentage share of the child support obligation? When parents share parenting time equally, the court is unlikely to adjust a parent’s percentage share of the child support obligation based on parenting time. But what about when parenting time is not shared equally between the parents?

When the “Shared Physical Care” Formula Might Apply

If you are in the process of getting divorced in Oakbrook Terrace, you already may know about changes to Illinois family laws regarding child support. In brief, under Illinois law (750 ILCS 5/), child support has been determined based on a percentage-based model (or formula) that looks at the number of children for whom support is awarded, and the payor and payee parents are determined by who has primary physical custody of the child. For each child, a certain percentage of the payor parent’s income is the amount of child support awarded. However, as you may know, there have been a number of changes to family and divorce law in Illinois over the last year or so, and one of those changes concerns child custody. Parents are no longer awarded legal and/or physical custody, but instead, those terms have been replaced with “parental responsibilities” and “parenting time.”

Why is this important for child support? Another major change to the law concerns how child support is determined, and the new law will take effect in July 2017. When July 2017 rolls around, how will “parenting time” have an impact on the amount of child support paid?

Understanding the “Income Shares” Model of Child Support

If you are in the process of filing for divorce in Illinois or are dealing with issues of child custody and child support, it is important to pay attention to changes in the law that will take effect on July 1, 2017. The changes to the law will impact the ways in which child support payments are calculated, and as such are likely to alter the ways in which residential parents must be responsible for playing a role in the financial support of the child in connection with the non-custodial parent. At Farooqi & Husain Law Office, we have years of experience assisting members of the Muslim community with complex legal issues concerning divorce and child support. We are here to help with your case today.

Learning More about the Changes to Illinois Child Support Law

Current Illinois child support rules under 750 ILCS 5/505 and 750 ILCS 5/510 follow a form that has become familiar in many states across the country: what is known as a “percentage of income” formula that determines that a child support payment will be based on the net income of the non-residential, or non-custodial, parent. Based on the net income of that parent, the amount of child support is standardized according to the number of children for whom support is owed. Currently, this is how child support determinations work: