Whether the parties were married or not, child support is an obligation. It is an obligation that generally cannot be waived by one parent. Even a person with no income at all will generally be obligated to pay some amount of child support. If a person attempts to reduce their income for child support purposes, the Court can impute income.
The child support law was overhauled by the legislature in Illinois on July 1, 2017. Under the previous law, the non-custodial/non-majority parent paid a percentage of their net income based upon the number of children involved. Gone are the days of 20% for one child, 28% for two children, etc. In addition, the days of bickering over mandatory versus discretionary retirement contributions are over. This is because the statute incorporates standardized gross income to net income tables.
Illinois has joined the vast majority of the states in adopting an income shares model for child support. It is generally considered a fairer system because it factors in the incomes of both parents. In the past, unless the parties shared 50/50 time with the child, only the income of one parent was used. With the new law, if both parents earn income, it is very likely that the non-custodial/non-majority parent will have a substantially reduced child support obligation. The obligation is further reduced if the non-majority parent has the child for at least 40% of the time, which is 146 overnights per year.
If you are not receiving child support and need to get an Order entered by the Court, we can help. If a child support Order was previously entered, it is wise to review it to determine whether it reflects the current income situation and the current law.
Call to schedule a consultation to review your child support issue today.