On behalf of Stange Law Firm, PC posted in Child Support on Sunday, June 19, 2016.
Calling the current way state law regulates child support “archaic,” an Illinois state senator has introduced a bill to use a different way of calculating how much financial support children are entitled to.
According to the Chicago Tribune, the bill would amend the Illinois Marriage and Dissolution of Marriage to shift child support to the “income shares” model. This would require the court to consider the income of both parents, and what the household income would be if the child lived with both parents in a single household.
Currently, the Act uses a complicated formula for determining child support, involving the number of children involved, whether the noncustodial parent is paying child support to anyone else and the cost of the children’s health insurance. But generally, the Act considers the noncustodial parent’s income only. State Sen. Michael Hastings, the bill’s sponsor says this system is out of date and “do[es] not consider the modern family.”
Hastings also argued that an “income shares” system would make the system more “equitable… for not only the child, but for both parents involved in raising that child.” Currently, 38 states and the District of Columbia determine child support based on the parents’ income shares.
If this bill becomes law, it could significantly change how courts award child support, and could have implications for parents who try to negotiate a settlement out of court. Family law is changeable, which is why it is important that you hire a divorce attorney who not only possess a deep understanding of the law, but also keeps up to date with the latest changes.