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Child Support

Child Support Attorney in Peoria

What Is Child Support?

Child support for the care of minor children is paid to the parent with custody. It includes the cost of food, clothing, and shelter, but may not cover daycare, medical expenses, or extracurricular activities. These items are negotiated separately. Child support is an important matter to consider in a divorce or paternity action.

Why Work With McCall Law Offices, P.C.?

When you choose McCall Law Offices, P.C. to handle your family law matters, you can expect to receive unmatched personal attention. Our founding attorney and his legal team are whole-heartedly devoted to your case. Our experienced Peoria family law lawyer will do everything possible to protect your best interests. We have 10 years of experience and a history of successful results for our clients. Go here to see our case results. Attorney McCall's skills have been recognized through various awards, such as:

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  • American Society of Legal Advocates listing among the Top 40 Under 40, an honor bestowed on less than 2% of the lawyers in the U.S.

Peoria Child Support Lawyer: Outstanding Representation

Illinois child support law has traditionally been calculated by taking the payor’s net income. Net income is gross income minus taxes and standard deductions---Federal Taxes, State Taxes, Social Security/FICA, Mandatory retirement contributions, Union Dues, Individual and dependent insurance premiums for health, dental and vision insurance premiums for life insurance.

Under the new Illinois child support law, the old method of using unforgiving percentages based on the number of children will no longer be used to calculate a child support obligation. Under the new law, both parents’ net incomes will be considered when calculating support. To determine a child support obligation, the steps are as follows:

Determine Each Parent’s “Net Income”

  1. Assume the parties have 1 child.
  2. Determine the total monthly gross income for the parents’ assuming the marriage or union remained in full force and effect. Assume the gross income for both parents is $4,000.
  3. Allocate what each parent’s gross income would be under the scenario. Father makes $3,000 a month. Mother generates $1,000 a month.
  4. Using the tax table generated by the State, the parent with the duty to pay support’s (non-custodial parent) financial obligation after taxes is $2,384.
  5. The custodial parent tax obligation for a $1,000 a month salary under the current tax table would be $900.
  6. Father’s monthly net income is $2,384. Mother’s net income is $900.
  7. Both parents combined net income: $3,284.
  8. Divide Father’s net income ($2,384/$3,284) to determine father’s financial obligation towards contributing to his child.
  9. The result is Father, assuming the parents stayed as a union, would be responsible for 72.59% financially responsible for his child. Conversely, mother would be 27.41% financially obligated towards the child.
  10. You then obtain the Total Net Income tables provided by the State.
  11. Recalling the parents combined net income of $3,284, you locate the combined net income figure that corresponds to the Income Shares Schedule for 1 child. As of now, the corresponding figure is $706.
  12. Father is to may 72.59% of the $706 monthly figure. Mother is to pay 27.41% of the $706 figure.
  13. The result is Father would pay $512.52 a month. Mother would pay $193.48 a month.
  14. Father’s percentage of combined net income is 70%. Mother’s percentage of combined net income is 30%.
  15. Are we confused yet? I hope not. The tables used by the state to calculate net income and income shares will change when the State deems appropriate. It is more important than ever, to hire a qualified law firm such as McCall Law Offices, assist in your child support matters.

Second Scenario—Active Parent Not Having Custody

  1. Now let’s assume Father has 40% or more overnights with the child.
  2. Recalling the parents combined net income of $3,284, you locate the combined net income figure that corresponds to the Income Shares Schedule for 1 child. As of now, the corresponding figure is $706.
  3. Multiply the $706 figure by 1.5x, resulting in $1,059.
  4. Father is to pay 60% of the $1,059 figure, representing him having 40% of the child’s time, resulting in $635.40.
  5. Mother is to pay 40% of the $1,059 figure, representing her having 60% of the child’s time, resulting in $423.60.
  6. Subtract $635.40 - $423.40.
  7. Father’s child support obligation has been dramatically reduced to $211.80 a month.
  8. Under the old law, Father could well pay over $540 a month for child support when he has his child a significant time and still hope to provide for birthdays, graduations and holidays.
  9. The new law provides a lot of relief for active non-custodial parents.

Other Changes

  • If a parent pays court-ordered child support in a separate and unrelated case, the amount of child support being paid in the other case will be deducted from that parent’s gross income.
  • If one parent is paying alimony to the other, the maintenance payment is subtracted from the paying parent’s gross income and added to the receiving parent’s gross income prior to calculating each parent’s net income and percentages.
  • Health insurance premiums for the child will be added to the child support calculation, and divided between the parents based on their respective percentages of the combined income.
  • Under the new law, the “custodial” parent, or parent with the majority of parenting time, will be entitled to claim the tax dependency exemption yearly for the parties’ minor child, unless the parties otherwise agree, or unless a judge previously ruled otherwise.
  • If a parent is voluntarily unemployed or underemployed, child support will be calculated based on potential income. The court will consider the parent’s work history, available job opportunities, and earning levels in the community. If there is no work history to determine potential income, there will be a rebuttable presumption that the parent can earn 75% of the U.S. poverty guidelines; hence, the court can order a minimum child support amount of $40 per month per child, with a maximum total of $120 per month to be divided among all of that parent’s children.
  • Under the new child support law in 2017, when parents have close to equal amounts of parenting time, the actual number of overnights that each parent has with the children will be taken into consideration when calculating child support.

Can The Change In Law Allow Me In Court Immediately?

Under the new statute, a previous child support order can be modified only if there is a substantial change in circumstances. The 2017 change in Illinois child support law, in and of itself, will not be considered a substantial change in circumstances. However, if the child has more needs to be met, health insurance rates increase or the child needs transportation because of a parents’ work schedule, one should have a substantial change of circumstance to debate support before a judge.

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