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CALCULATING CHILD SUPPORT UNDER THE AMENDED STATUTE

CALCULATING CHILD SUPPORT UNDER THE AMENDED STATUTE

750 ILCS 5/505(a)

The purpose of this blog is to inform the reader as to the procedure and law applicable when calculating child support under the amended statute, effective on July 1, 2017.

Application 735 ILCS 5/505 (a), child support guidelines

Calculating child support under the amended statute applies across the board to essentially every domestic relations type of case. It is not just a person who seeks a dissolution of marriage who is bound by the new child support section. It applies to proceedings for legal separation, dissolution of a civil union, any post decree case (any case after judgment for dissolution of marriage) is entered. This also includes parentage acts. Parentage proceedings are those wherein, there is no marriage but the parties have a child together.

The legislature has pointed out that child support is necessary to cover the necessary physical, mental and emotional health needs of the child. It also states that the obligation to pay child support extends until the child reaches the age of 18 and any child 19 or younger who is still attending high school.

The legislature has also set forth the purposes for the new guidelines. The first reason of the new guidelines is to create a state policy which will provide a standard of support for a child that is commensurate with the parent’s ability to pay. This is a great departure from the former section 505 which was simply based on the percentages as set forth by straight forward percentages that were applied to the obligor parent’s net income. As we will see in future postings the courts will now consider the amount of time that the minor child or children spend with each parent on an overnight basis. It also takes into account the other parent’s income which was never taken into consideration before.

The next blog post will consider the additional reasons behind the Illinois Legislator’s reasons for changing the child support statute.

About the author:

James M. Kelly is engaged in representing clients in contested and uncontested dissolution of marriage proceedings and bankruptcy proceedings, both Chapter 7 and Chapter 13. James Kelly has been practicing in the northwest suburbs of Cook County and to a very relevant extent McHenry County, Lake County and DuPage County. James Kelly has been admitted to the practice of law in the State of Illinois since 1994.

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