Pesce Law Group, P.C.

FREE CONSULTATIONS 630-352-2240

Naperville | Oak Brook | Burr Ridge | Lake Forest | St. Charles

How Much Child Support Will I Have to Pay?

Posted on in Child Support

Naperville family law attorneyWhen it comes to issues involving children, the top priority of Illinois courts is doing what is in the best interest of the child. Children whose parents split up should not have to experience a decrease in their quality of life due to a lack of funds. To mitigate the financial consequences of divorce, courts require the parent with less parental responsibility to make child support payments to the parent with more parental responsibility.

Income Shares Model for Calculating Child Support

If you are a parent getting divorced in Illinois, it is likely that you will either receive or be required to pay child support. As of July 1 2017, Illinois courts calculate child support using the “income shares” model. Parents’ individual income and the amount of parenting time each parent is responsible for are considered. First, the total cost of raising the child or children in question is estimated. Next, this cost is equitably divided between the parents. Equitable division does not mean that each parent pays 50 percent of the cost. To determine the amount of child support a parent will pay, the courts consider each parent’s financial circumstances including their income, career, employability, property, debt and other factors. The most significant factor, however, is the parent’s income as a percentage of the total combined income. The parent with more parental responsibility, formerly called custody, will receive the support payments.

One major change which came with the new Illinois child support laws is that parents who spend at least 40 percent of the time with their child can have this reflected in their child support obligation. In situations where the child spends at least 165 nights a year with each parent, the estimated total cost of raising the child is increased by 50 percent. The resulting amount is then allotted between parents based on the factors discussed previously as well as the amount of time each parent spends with the child.

Appealing or Modifying a Child Support Order

Child support orders can be appealed. If you think that an error was made when the court awarded child support, you have the ability to appeal the ruling. It is important to keep in mind that a person can only appeal a child support order if they believe a mistake was made. A petitioner must have legal grounds in order to appeal a child support order. For instance, if you believe that inadequate evidence or bias led to the court’s decision, you may benefit from appealing the order. Child support orders are also able to be modified if the payer parent experiences a significant change in his or her financial circumstances. A parent who loses his or her job unexpectedly, for example, may have grounds for requesting a child support modification.

Let Us Help

If you are a parent facing divorce or you have further questions about child support, contact one of the capable DuPage County family law attorneys at Pesce Family Law. Call 630-352-2240 to set up your confidential consultation today.

Sources:

https://www.illinois.gov/hfs/ChildSupport/parents/Pages/IncomeShares.aspx

http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm

Back to Top