Illinois Child Support Calculation May Change

November 21, 2012 (Press-News.org) Illinois Child Support Calculation May Change

Illinois parents who pay or receive child support are accustomed to the current model for determining the amount of support. Under this model, the parent who does not live with the child pays a percentage of net income to the parent who lives with the child. Support percentage varies depending on how many children there are.

Under the percentage of income model, parents currently have no established provisions for adjusting child support when each parent spends a substantial amount of time with the child. Other circumstances are not taken into account either, such as parents splitting up children so that one or more children live with one parent and one or more live with the other.

Advocacy for New Model to Calculate Child Support

Illinois law requires a periodic review of the child support guidelines. After the latest review a year ago, the Illinois Department of Healthcare and Family Services, child support division, now advocates a change because of disadvantages of the current model. The percentage of income model dates back to the 1980s and is based on now-outdated assumptions. The model assumes that both parents earn about the same amount and doesn't consider situations where parents share physical custody.

An advisory committee has recommended a new system and has begun a study of how to change to the proposed system. The new model is one that is now in use in 38 states and is referred to as the "income shares model." This model uses a table of economic data to figure out how much money parents living together spend to support their children. Then it calculates each parent's share of the total when parents live separately, based on each parent's earnings.

Supporters of the switch to an income shares model claim that the main reason for changing is to establish a fairer way for Illinois parents to share the obligations of rearing children. If properly implemented, it should result in each child having the same amount to live on, whether parents live together or apart.

Not everyone supports a change to the new model. A member of the advisory committee who voted against it and who was interviewed about the issue in the Chicago Tribune, commented that switching to the new model will be very costly to implement. Furthermore, said the committee member, experts believe the amount of support payments will not change a great deal. Considering an outlay of two to three million dollars to convert to the income percentage model, with no significant ultimate result, it is questionable whether a change is cost effective.

Any changes will not take effect until 2014 and must first be approved by the state legislature. Meanwhile, Illinois families who are concerned about child support obligations can benefit from consulting with an experienced attorney. Whatever may happen, it is helpful to have a knowledgeable advocate to help ensure a fair result that provides adequate support for children when their parents are not together.

Article provided by Lawrence Manassa
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