Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

Is there a new law in Illinois regarding a change of child…

Customer Question
Hello, is there a new...
Hello, is there a new law in Illinois regarding a change of child support changes/maintenance?
Submitted: 10 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 minutes by:
9/20/2017
Family Lawyer: RayAnswers, Lawyer replied 10 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,804
Experience: 30 years as a family law lawyer .
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Ask Your Own Family Law Question
Customer reply replied 10 months ago
thank you.
Family Lawyer: RayAnswers, Lawyer replied 10 months ago

Yes there has been , sill waiting on rules from the state on how to implement this.

Under present law, child support is based on the net income of the child support payer. It is 20% for one child, 28% for two, 32% for three, and 40% for four. Net income is defined in 750 ILCS 5/505 as gross income minus certain specified deductions.

One of the factors is NOT the amount of parenting time that each parent has with the child. However, there are a few Illinois Appellate Court Opinions that say that parenting time may be considered.

In the fall of 2016, the Illinois Legislature passed and the Governor signed a new statute that completely changes the way child support is calculated in Illinois. The new law takes effect July 1, 2017.

The law eliminates the former percentages and creates what is called the income shared approach. “To calculate child support based upon the parent’s combined adjusted net income estimated to have been allocated to the child if the parents and children were living in an intact household”. 750 ILCS 5/505 (a)(1)(D).

The Illinois Department of Health Care and Family Services is to adopt rules establishing child support guidelines which include worksheets for calculating the child support and a table to show the percentage of the combined net income “the parents living in the same household in this State ordinarily spend on their children.”

For example, if there are two children, and if based on the combined income of the parents, $50,000 annually is spent on the two children, and if the father has 40% of the combined income and the mother 60%, and if the father is to pay child support, he would pay 40% of the $50,000 or $20,000 annually.

There is unfortunately no time limit on the Illinois Department of Health Care and Family Services to create these guidelines and tables. However, the law takes effect July 1, 2017 and the current law is stricken as of that date. Therefore, if the tables and guidelines are not ready, unless the Legislature does something, there will be no law concerning child support that can be enforced.

The statute goes on to calculate income in a slightly different manner than under current law.

The new statute defines income in 750 ILCS 5/505 (a) (3). For the first time, it is explicitly clear that spousal maintenance, alimony, received pursuant to a court order is income for child support purposes.

Public benefits pursuant to a means-tested program such as Supplemental Security Income, Temporary Assistance to Needy Families, Supplement Nutrition Assistance Program, and Child support for other children in the household are not income. Social Security Disability and retirement benefits are included in income.

If a parent is unemployed or underemployed voluntarily, there is a rebuttable presumption that the income is “75% of the most recent United States Department of Health and Human Services Federal Poverty Guidelines for a family of one person.” There is also “a rebuttable presumption that a minimum child support obligation of $40.00 per month per child, will be entered…”.

As in current law, revised as of January 1, 2016, the Court can also order a contribution to extracurricular activities and school expenses, child care expenses, which can include camps when school is not in session.

“If each parent exercises 146 or more overnights per year with the child, the basic child support obligation is multiplied by 1.5 to calculate the shared care child support obligation.” Then, using the percentage of time the child spends with the other parent, child support is calculated from one parent to the other. Then, the two amounts are netted out.

Assume that the winter break from school is two weeks, the spring break is one week, and each parent gets two weeks of vacation during the summer, which leaves 45 weeks in the year. If each parent gets two weeks in the summer plus half of the winter break, then each parent starts with 21 days. A parent would then need 125 additional days to get to 146 days. If the parties alternated the spring break, then they would each have 3.5 days. Then a parent would need 121.5 overnights in a year. Divide that by 45 weeks remaining in the year, then a parent would need three overnights out of seven for the rest of the year in order to reach 146 nights.

The potential for parents to significantly argue about getting both of them to 146 nights minimum turns into a financial one rather than a consideration of what parenting plan may be best for the children. It can easily be foreseen that one parent will significantly and strenuously argue that the other parent should not reach 146 nights and the parent who wishes that will strenuously argue for it. A Judge may need to attempt to determine if the reason for seeking 146 is merely to save child support.

Unless and until the Illinois Department of Healthcare and Family Services comes out with its guidelines and tables, it is impossible to predict if child support under the new law will be greater or lesser than under current law.

Ask Your Own Family Law Question
Family Lawyer: RayAnswers, Lawyer replied 10 months ago
Ask Your Own Family Law Question
Family Lawyer: RayAnswers, Lawyer replied 10 months ago
Ask Your Own Family Law Question
Family Lawyer: RayAnswers, Lawyer replied 10 months ago

I appreciate the chance to help you today, thanks.

If you can positive rate 5 stars it is much appreciated.

Ask Your Own Family Law Question
Customer reply replied 10 months ago
If both parents are remarried does the new law take each home unit as an income in other words one home with both ex spouse and new spouse and second home ex spouse new spouse? Or is it strictly just income from parents of the child?
Family Lawyer: RayAnswers, Lawyer replied 10 months ago

Income from both parents thats all not the spouses here.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,804
48,804 Satisfied Customers
Experience: 30 years as a family law lawyer .

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I need to speak with someone about getting spousal
I need to speak with someone about getting spousal maintenance modified by the court … read more
Jessica B
Jessica B
Juris Doctor
1,658 satisfied customers
If an ex spouse requests a copy of a W2 does one have to be
if an ex spouse requests a copy of a W2 does one have to be provided to that person? … read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,898 satisfied customers
I will be going to court soon as respondent for child
I will be going to court soon as respondent for child support. The petitioner is asking for more money. I need guidance on how to make sure the judge listens to my arguments. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In Illinois how Alimony is calculated? Me and my wife
In Illinois how Alimony is calculated? Me and my wife separated since Sep 2015. We have a daughter and I am taking care of her since then, my wife is not earning intentionally and she is not paying an… read more
RayAnswers
RayAnswers
Lawyer
Doctoral Degree
48,804 satisfied customers
I just arrive at this page. I am in the process of getting a
Hello, my name is***** just arrive at this page. I am in the process of getting a divorce but do not have nor can I afford an attorney. I had a question about spousal maintenance. Is this appropriate … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I currently live in Illinois and pay child support children
I currently live in Illinois and pay child support for 3 children as part of a withholding order direct from my paycheck. The percentage amount is set by state law. I am relocating to South Dakota for… read more
mkc1959
mkc1959
Attorney
Doctor of Jurisprudence
616 satisfied customers
I live in Illinois and in the case of a divorce how is temporary
I live in Illinois and in the case of a divorce how is temporary maintenance figured? I'm self a employed contractor. My gross income is frequently twice as much as my net income. (After paying operat… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I finalized my divorce in January and I am ordered to pay $8K+/month
I finalized my divorce in January and I am ordered to pay $8K+/month which I have been doing nut I lost my job at the end of February thus have no income. I am trying hard to get a job but since I am … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,932 satisfied customers
Well, took your advice and filed a motion to dismiss based
Well, took your advice and filed a motion to dismiss based upon Vook County Court having no subject matter jurisdiction in my KS divorce. The judge denied the motion as he thinks just because the judg… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
I am currently paying spousal support from my divorce in Vermont.
I am currently paying spousal support from my divorce in Vermont. My support was negotiated between myself and my ex-spouse based on my current salary and for a term of 10 years. I have sense remarrie… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I am currently receiving child support from my ex husband for
I am currently receiving child support from my ex husband for our daughter who is 3. The child support amount has been in place for a year and at a time where her father did not make much. I believe h… read more
PlotinusLaw
PlotinusLaw
Attorney at Law
Juris Doctor
731 satisfied customers
What is the comparison between Illinois and Iowa divorce laws
What is the comparison between Illinois and Iowa divorce laws regarding the payment of alimony to a claimant who is co-habitating: specifically what does the court recognise as proof and is it a valid… read more
socrateaser
socrateaser
1,031 satisfied customers
In Colorado, If a payor of Maintenance remarries or has a live
In Colorado, If a payor of Maintenance remarries or has a live in Girlfriend, can the significant others income be included in a modification of maintenance? Where in Colorado statute can I find the a… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
My boyfriend is currently going through a nasty divorce. His
My boyfriend is currently going through a nasty divorce. His soon to be ex-wife has been dragging him through negotiations for the past year. She has recently offered us (without the chance to respond… read more
LegalEase
LegalEase
Attorney At Law
Juris Doctor
892 satisfied customers
How do I apply to make a change to a court order regarding
How do I apply to make a change to a court order regarding child maintanence and is it possible to reduce it if my financial situation has changed… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
If I plan to separate from my husband and move to another state
If I plan to separate from my husband and move to another state with our minor child (and he agrees to this in writing) is he still obligated to support both of us in the new state? We wouldn't be div… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
If I was divorced in Illinois and now my ex-wife and child ...
If I was divorced in Illinois and now my ex-wife and child live in New York and I live in Maryland, which of these State''s child support laws apply?… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 satisfied customers
General question regarding what to expect in a divorce
Married for 6 years in Illinois. Husband 130K year salary, wife works part time 90-100K year. 2 children ages 4 and 1. What are the general settlement guidelines...ie will alimony be granted to the wi… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x