Posted on March 25, 2020 in Family Law

               As humans, we were not meant to be socially isolated. Social isolation is believed to elevate our stress levels and it can lead us to have feelings of loneliness, fear of others, or even negative self-esteem. Currently, in light of the recent COVID-19 pandemic, considering the mass closures of schools and businesses, instability of employment or employment at home and the tension of the unknown can cause stress to build and lead to increased incidences of domestic violence. Hence, during this time of social distancing and shelter-in-place, domestic violence experts and shelters have expressed deep concerns as to the safety of domestic violence victims, as abusers can use social isolation to gain greater control over their victim, thus increasing the risk of a survivor’s personal safety.

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 Posted on March 20, 2020 in Family Law

As we all endure this difficult time of uncertainty and frustration, many questions may come to mind as to the current status of our legal system and its procedures when it comes to pending or new family matters. Hence, we have prepared some basic questions and answers to try and address some of the questions that people may have.

Q.  Are the courts still open and functioning?

           A.    Courthouses in Kane, DuPage, Kendall and DeKalb are still open for EMERGENCY matters only. The courts have issued administrative orders limiting non-essential (non-emergency) matters and rescheduling non-emergency civil matters through April 17, 2020. However, courts have noted that cases may be continued between 30 to 60 days.

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 Posted on July 11, 2017 in Family Law

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.

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 Posted on June 20, 2017 in Family Law

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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 Posted on June 14, 2017 in Family Law

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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