How Much Should Child Support Be?
Child support in Illinois used to be calculated based on a percentage of the net income of the payor/obligor (the parent paying child support). You may have heard the amounts of 20% for one child, 28% for two children, and so on. As of July 1, 2017, this is no longer the method for calculating child support in Illinois.
The new model is called the “income shares” calculation. This method sets child support based on the income of each parent and the amount of overnights a child spends with each parent.
This model can be tricky to understand, but it is in line with the child support calculation methods that most other states have adopted, and is intended to produce child support amounts that are more fair to the parents.
In a nutshell, the income of the parents is added up, and an amount is determined (based on a statistical table) to be the basic support obligation of the child (in other words, statistically how much it costs parents who make a certain amount of income to pay the basic support of a child). That number is divided among the parents based on the percentage of the overall income that each parent makes. So, if Parent 1 makes $40,000 per year and Parent 2 makes $60,000 per year, then Parent 1 should pay 40% of the basic support obligation and Parent 2 should pay 60%. This type of calculation applies when one parent has a majority of overnights and the other parent does not have more than 40% of overnights.
If both parents have over 40% of overnights, then a different calculation takes place called the “shared parenting time” calculation. This is to account for the added expenses of a parent who pays child support but also has significant expenses related to the child when the child is with that parent.
More information about the specifics of calculating child support can be found in this helpful publication from the Illinois Department of Healthcare and Family Services.
Turrisi Law, LLC, has extensive experience in child support calculations, enforcement, and modification. If you need legal representation or want to learn more about your rights with respect to child support, schedule a free consultation online or by calling us at 312-448-8089.