Some of the highlights of the new statute include:
The basic support obligation is based on net income. The parties will be able to elect. Either a standardized tax amount or individualized deductions. This is part of arriving at the net income.
Business income is defined. The court can reject items. Such as depreciation, excessive business deductions, and/or personal expenses paid through the business.
Maintenance is subtracted from the payor’s income. It is included in the recipient’s income before the determination of child support.
There are two adjustments to the basic support obligation that may be applicable. (1) the multiple family adjustment. (2) the shared parenting adjustment. This is when each parent has at least 40 percent of the parenting overnights per year.
Illinois has joined 39 other states that have an income shares model. This is used to calculate child support. The old law has been in place since 1984. That method used a guideline approach. 20% of net income for 1 child. 28% for 2 children. 35% for three children. 40% for four children. 50% for 5 and more children.
Under the new statute there is a schedule of basic child support obligations. The Illinois Department of Healthcare and Family Services is a critical component to the new calculation. The actual schedule is not detailed in the statute. The schedule takes the economic data of child-rearing costs in Illinois. This is based on the income level of both parents.
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