Effective July 1, 2017, Illinois has adoptedthe income shares model for the calculation of child support. Child support is calculated taking into account the net incomes of both parties. The amount of parenting time that the parents spend may also impact the calculation. In instances where the obligor has less than 146 overnights per year, child support is calculated by: 1) taking gross income for each parent and converting the gross income to net income by either a chart promulgated by Healthcare and Family Services or using an individualized calculation as to net income; then 2) taking the combined net incomes of the parties and using another chart promulgated by Healthcare and Family Services to reveal the cost to support the child, and then 3) this cost is shared by the parties in proportion to their net incomes. Additional child-related expenses such as health insurance premiums and child care are also shared in proportion to the parties’ incomes. The income shares model may result in more or less child support than that which would have been appropriate under the statutory guidelines that were in effect before July 1, 2017.
Child support can be modified upon a showing of a substantial change in circumstances; however, absent a substantial change in circumstances, the adoption of the income shares model for child support is not in and of itself sufficient to modify child support.
The Court does not have the power to modify child support until a party files a Motion to Modify Child Support. The Court also does not have the power to modify child support for the period prior to the filing of Motion to Modify Child Support. If the party paying child support loses his or her job and waits to file a Motion to Modify Child Support and ultimatelywins the reduction, the Court cannotmodifychild support retroactiveto the loss of job, but rather, only from the moment when the motion was filed. The opposite is also true, if the party paying child support has a substantial increase in income and the other party waits to file a Motion to Modify Child Support and ultimately wins the increase, the Court cannot modify child support retroactive to the increased income, but rather, only from the moment when the motion was filed. If you would like to modify child support, please call Figiel Law Offices, Ltd. at 773.774.6084 to schedule a consultation with one of our attorneys.