Income Shares Model – Illinois Public Act 099-0764 – Provides Balanced Child Support

Prior to July 1, 2017, child support was calculated using a straight percentage of the net income of the parent with the least parent time – and for all intents and purposes, also did not consider the net income of the parent having the majority of parenting time.

The new child support legislation (Public Act 099-0764) introduced an income shares model. Not only do we consider the net income of the parent traditionally charged with paying child support, but we also consider the net income of the parent receiving child support. The Department of Healthcare and Family Services has issued economic tables which delineate the basic amount of child support to be paid by both parents in consideration of their combined monthly net income. The responsibility for paying that basic amount of child support amount will be divided among the parents in proportion to their respective net income.

The policy behind this recent legislation is that the child should receive the same proportion of parental income that he or she would have received had the family household remained intact.

Additionally, under this latest legislation, an obligor’s child support obligation can be further influenced (i.e. reduced) if the parents have a shared parenting schedule, which is defined as each parent having at least 146 overnights of parenting time with their child in the year. Should each parent have at least 146 overnights or parenting time, then a further calculation using the Shared Parenting Formula will be necessary to properly compute child support under the new law.