Child Support Attorney in Naperville, Illinois

How is child support determined in Illinois?

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In Illinois, child support follows an “income shares” model rather than the old percentage-based system. Previously, child support was calculated as a percentage of the paying parent’s net income (e.g., 20% for one child, 28% for two children). However, under the new system, both parents’ incomes are considered, as well as the number of overnights each parent has with the child per year.

To qualify for shared parenting time, the non-custodial parent must have at least 146 overnights per year. This number was set by the legislature and is not equivalent to 50% of the year but serves as a threshold for reducing child support obligations. If the paying parent has fewer than 146 overnights, their child support payments remain the same. However, once they reach 146 overnights, the obligation begins to decrease, reflecting the increased time spent with the child. For every additional overnight beyond 146, the support obligation continues to decrease up to a 50/50 split, which corresponds to 182-183 overnights.

In cases where both parents share equal parenting time (50/50), the child support payment may be minimal or even non-existent, depending on the relative incomes of the parents. However, if there is a significant income disparity, such as one parent earning $300,000 annually while the other is a stay-at-home parent, the higher-earning parent may still be required to pay child support even with equal parenting time. This ensures that the child’s standard of living is maintained regardless of the income differences between the parents.

Naperville, IL family law attorney Melissa Kuffel discusses how child support is determined in Illinois. She explains that Illinois follows an income shares system for calculating child support. In the past, a fixed percentage of the obligor’s income was used based on the number of children. However, the system has been updated. Now, both parents’ incomes and the amount of time each parent spends with the child are considered.

In order to achieve shared parenting time, the parent without majority custody needs to have at least 146 overnights per year. Once this threshold is met, the child support obligation decreases significantly. For every additional overnight, the amount of child support paid decreases further. This continues up to a 50-50 arrangement, where the obligation is typically minimal.

However, the income of each parent is still taken into account, even in cases of shared parenting time. For example, if one parent earns $300,000 per year while the other is a stay-at-home parent, the higher-earning parent will still be responsible for paying child support, albeit likely a reduced amount due to shared parenting time.

It’s important to note that the specific calculations may vary depending on the circumstances of the case and the guidelines set by the court.

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