Child Support

New child support laws took effect in Illinois on July 1, 2017. The new laws use an income share model for child support in which a formula is applied to both parents’ net incomes and considers the allocation of parenting time to calculate child support. The income share model obligates both parents to contribute to the support of the child(ren). There is a presumption under Illinois law that the child support guidelines will apply unless a parent is able to demonstrate that an application of the guidelines would be unjust or inappropriate based upon the specific facts related to the parents and their children. This is referred to as a deviation in the child support guidelines.

The law considers spousal support (maintenance) paid by one party to the other as income to the recipient for the purposes of calculating child support. If each parent has at least 146 overnights with a child, the amount of overnights affects the child support calculation with the reasoning that both parents spend significant time with the minor child(ren) and therefore the basic expenses for the child(ren) should be relatively similar. In addition to basic child support, additional expenses are allocated between the parties. Health insurance premiums for a child’s health care coverage are allocated between the parents based upon their respective net income. Child care expenses are treated similarly to health insurance premiums in that actual expenses reasonably necessary to enable a parent to be employed, attend education or vocational training, or search for employment are to be paid in proportion to each parent’s respective net income. 

It is essential for your attorney to have a clear understanding of each parent’s income and expenses including those specifically related to the children. Therefore, both parents will need to complete the Illinois statewide form called a Financial Affidavit. As part of this Financial Affidavit, the parents shall exchange recent tax returns and pay information. 

Click here for the link to download the Financial Affidavit form.