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The Illinois Income Share Model has gone into effect, and as previously discussed in our most recent blog entry, both parents’ gross income must be determined for purposes of calculating their child support obligation. However, the statute now provides for various deductions to be applied to a parent’s gross income before a parent begins their child support calculation. This is important, as we previously discussed in our most recent blog, because a parent’s gross income will help determine a parent’s net income and based upon the total combined available net income of both parents, we will calculate what percentage each parent will be responsible to provide support.  Hence, if a parent’s gross income is reduced from the get-go, it will in effect also reduce a parent’s net income therefore potentially reducing a parent’s contribution to child support. Bear in mind that this reduction in child support is not meant to allow parents to evade their child support obligation, rather, it is meant to consider what other obligations a parent may have that affects the available net income the parent has to contribute towards child support.

Pursuant to the Illinois Income Share statute, a parent’s gross income may be adjusted as follows:

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llinois Income Share Model: How to Calculate Child Support as of July 1, 2017

On July 1, 2017, the Illinois Income Share Model will go into effect and substantially change the way we calculate child support today. Up until July 1, 2017, only the net income of the non-majority parent (or non-custodial parent) is used to calculate child support. Currently, net income is defined as total of all income from all sources minus various deductions such as Federal income tax, State income tax, Social Security, mandatory retirement contributions, union dues, health insurance premiums and court ordered obligations. Once a parent’s net income is calculated, the non-custodial parent pays a percentage of his net income as for child support depending upon the amount of children he or she must support (one child=20%; two children=28%; three children=28%; four children=40%). The new income share model will still rely upon a determination of a parent’s net income; however, the definition of net income will be modified. Moreover, the new model will also consider the income of both parents in determining what share of child support each parent must pay. Moreover, the new law has developed two separate charts: 1) to calculate a parent’s net income and 2) to calculate the amount of child support required for a child (or children) based upon the total combined net income of both parents. Click below to see charts. 

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b2ap3_thumbnail_b2ap3_thumbnail_Slide1.jpg As of July 1, 2017, Public act 099-0764 will thereby amend section 5 to the Illinois Marriage and Dissolution of Marriage Act (also known as the IMDMA). The IMDMA is the statute or law that specifies and dictates how child support is to be calculated and collected in Illinois along with other provisions as to the support of any minor children that are the subject of a court matter. Regardless of whether a person is facing a Dissolution of Marriage or a Paternity Action, the new law is set to radically change how we calculate child support today.

Currently, child support is calculated by generally considering a non-majority or non-custodial parent’s net income. Net income is generally considered whatever income a parent earns after various deductions are applied such as Federal, State, Social Security and Medicaid taxes. Once a parent’s net income is determined, the parent pays a determined amount of percentage as for child support that is dependent upon the amount of minor children (one child=20%; two children=28%; three children=28%; four children=40%).

          On July 1, 2017, Illinois will join 39 other states in adopting the income shares model for calculating child support. This new model will now look into calculating the net income of both parents in calculating what percentage (or share) a parent should contribute towards the support of their child based upon the available combined net income of the parents. For example, if Parent A earns $20,000.00 net a year and Parent B earns $80,000.00 net per year; Parent A would be responsible to contribute 20% of his/her net income towards the child’s support (Parent A earns 20% of the Parties’ combined net income) and Parent B would be responsible to contribute 80% of his net income towards the child’s support (Parent B earns 80% of the Parties’ combined net income). However, these percentages are then offset with the greater earning parent paying his proportionate share to the other parent. Moreover, among other new provisions within the statute that this blog will discuss on a later date; the new law will also now consider other factors for purposes of determining child support such as other allowable deductions, other children unrelated to the court matter and the amount of parenting time that is allocated to both parents. The new model is truly a new way of considering the needs of a child and the ability of each parent to provide for those needs.

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