- On June 29, 2017
Time for a Legal Consultation?
Effective July 1, 2017 (this coming Saturday), a new Illinois law will significantly impact the calculation of child support awards.
Under the current (and soon to be extinct) “custodial based” child support calculation model, child support awards are generally based solely upon the “non-custodial” parent’s income, irrespective of the income of the “custodial parent”.
After July 1, 2017, the new “income shares” calculation model will take into account both parents’ incomes as well as the time they spend with their children. So, depending on the parents’ relative incomes and time spent with their children, the new law will cause some payors to pay more and some to pay less when compared to the current child support laws.
The new law is not retroactive, so only future child support awards and modifications will be subject to the changes. Importantly, standing alone, the new child support law is not “a substantial change in circumstances” for purposes of modifying past child support awards in court. So, other facts and circumstances will need to be demonstrated for previous child support awards to be modified in accordance with the new law. K&B can assist in evaluating whether or not the new child support law can help.
If you, a family member, a friend or a client is contemplating divorce, or requires divorce related legal services, please contact Andrew Kelleher, David Buckley, Bob Krug or Raymond Rudnick at 847-382-9130 or email us at firstname.lastname@example.org to speak with one of our attorneys.