A high-profile couple with two young children has finally decided to pull the plug on their marriage and get divorced. The wife decided to quit her high-paying job five years ago after conceiving their child through IVF. Now, she is requesting child support from her husband, who earns a high income at a brokerage firm in downtown Chicago. The wife is wondering whether she will qualify for child support payments from her husband. The husband contends that even though he works full-time, he spends more meaningful time with his children and should not be required to pay child support. So, who should pay?
The formula for calculating child support payments has been overhauled in Illinois, and it is now more in-line with other states. If you have questions about your potential child support obligations, an experienced Illinois divorce attorney can help.
Hard Percentages for Determining Child Support Have Been Eliminated
The formula for determining child support payments in Illinois has changed to be more in line with other states’ formulas. There is no longer a hard percentage used for calculating child support in Illinois. Instead, both parents must provide the court with information about their net incomes. Courts will also consider their parenting time to make child support decisions more fair to both parents.
How will these changes affect child support determinations? Some experts believe that these changes complicate child support matters. When both parents have a similar income, courts may order less child support. Additionally, it could create an incentive for parents to spend more one-on-one time with children. The changes reflect our modern society in which both parents work in many cases and both parents share parenting duties.
Why Did the Child Support Rules Change?
Before the laws changed, Illinois family courts would name one parent as the custodial parent and order the non-custodial parent to pay child support. Even if the non-custodial parent was seriously involved in parenting the child, they would need to pay child support based on their income. The more time they spend with the child, the less the parent may be required to pay for child support. When one parent has 40% of the child-rearing duties, like the father mentioned in the scenario above, why should he pay the other spouse child support? The new law seeks to avoid punishing a parent for spending less time parenting and make child support payments more fair.
Contact a Schaumburg Divorce Lawyer
Under the new law, child support determinations can become complicated. Determining parental involvement is a personal process unique to each case, and you need an experienced Nationally recognized family lawyer on your side. You may be interested in modifying your child support order in light of these changes. When you need an attorney, experience matters. We provide our clients with high-value legal representation in family law matters. Contact us today to learn how we can represent you.