New Changes Coming to Family Law in 2017

 Posted on December 27, 2016 in Family Law

As the calendar turns, signifying yet another year, Illinois will be making some changes to family law. If you are preparing for a divorce in 2017, learn what these changes might mean for your case, and how you can effectively prepare for them with the experienced assistance of a legal professional. The following also contains important information how those who already pay or receive child support may be impacted by the change.

How Child Support Calculation is Changing

In August of 2016, Governor Bruce Rauner signed a bill that changed two specific areas of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) - 750 ILCS 5/505 and 750 ILCS 5/510. These areas pertain to how child support is calculated during the divorce process.

Under the old law, supporting parents paid a minimum percentage of child support. This was based upon their net income and the number of children they shared with the receiving parent. Income of the receiving parent was not considered.

The new law will replace the minimum percentage guidelines and will, instead, align Illinois with many other states. Support will now be determined based upon an “income share” model, which essentially means that the courts will look at the kind of life a child might expect to live if both their parents were living together. Income of both parents will then be examined and each parent will be assigned a child expense share for which they are responsible. The number of children, cost of living, and other factors will still be used in the determination.

How the Changes May Affect Your Case

Because the method for determining child support is changing, and because parenting time will also become a factor if each parent shares at least 146 nights with their child throughout the year, some cases may be more affected by the upcoming changes to the child support laws than others - some drastically so. For this reason, it is critical to ensure that you speak with an attorney about your case. Those who currently pay or receive child support should also seek experienced legal assistance to determine if a change request may be in order.

Contact Our DuPage County Family Law Attorneys

Whether you are filing for divorce or need help requesting a change to your child support obligation, Mevorah & Giglio Law Offices is the law firm to trust. Dedicated and experienced, we work hard to ensure your family’s best interest is preserved. Schedule a free consultation with our DuPage County family law attorneys to learn more. Call 630-932-9100 today.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K505

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K510