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Changes to Illinois Child Support Law in 2017

Beginning July 1, 2017, a number of updates to child support law in the state of Illinois will go into effect. Illinois will join 39 states that follow an Income Shares model of child support. The new law—House Bill 3982 which was passed by the Illinois House and Senate and signed by Governor Rauner—will impact how child support is paid and how those payments are calculated. Moreover, these changes will take into consideration a parent’s additional expenses and parenting time.

How HB 3982 Will Affect Specifics

With the passage of the new house bill, courts will be able to order parents to contribute to their child’s expenses such as after school activities, health insurance, and other additional expenses. Although the current statute, in general, states that courts may order parents to contribute to these expenses, HB 3982 gives further guidance as to the expenses that fall under each category and how these expenses should be considered regarding each parent’s child support obligation.

However, the Bill states that should a court deviate from guidelines, then written findings specifying reasons for deviation must be made. Possible reasons for deviation may include the payment of "extraordinary medical expenses" which may prove necessary to protect the life of a child or parent, or "payment of expenses for a child with special medical or developmental needs."

If One or Both Parents Are Unemployed

The new law explains that if one or both of the parents are unemployed then the court will have the option to calculate the amount of child support they have to pay based on the unemployed parent’s potential income. However, there is an option to rebut for the unemployed parent if his or her potential income is 75 percent of the most recent U.S. Department of Health and Human Services Federal Poverty Guidelines for a one person family.

Altering Existing Child Support

A parent may only modify his or her current child support if he or she is going through a major change in income or other circumstances in his or her life that would warrant the changes.

Speak with a Skilled Family Law Lawyer Today

If you would like further information on the changes that are coming to Illinois child support then please contact an experienced DuPage County family law attorney at Roscich & Martel Law Firm, LLC. Call today to speak with a skilled attorney that can handle all types of post-decree modifications, including child support. You can best reach us at (630) 608-2533 or by visiting our website at http://www.randrattys.com/for a confidential consultation.

Sources:

https://www.isba.org/sites/default/files/sections/younglawyersdivision/newsletter/Young%20Lawyers%20Division%20August%202016.pdf

http://www.daily-journal.com/news/local/what-you-need-to-know-about-the-new-child-custody/article_f68105e4-c8f1-5791-a0bd-818c9f41faf4.html

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