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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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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%).

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