Child support decisions were once simply a matter of math. Prior to 2017, the court used a set formula based on parental income and the number of children involved to arrive at a figure. As of January 2017, the amount of parenting time per parent is taken into consideration. Illinois statute states in part, “to calculate child support based upon the parent's combined adjusted net income estimated to have been allocated to the child if the parents and children were living in an intact household.” 750 ILCS 5/505 (a)(1)(D). Other things taken into consideration are based upon the needs of the child; and the amount of child support to be paid by each parent based upon a parent's net income and the child’s physical care arrangements. When Wiejaczka Law, P.C, represents a client, we present that client's finances in the most reasonable possible light.
It’s very similar to doing taxes. Most people have a pretty complicated financial status, but they lack the skills to manage the deductions and worksheets and withholding themselves. So the net income they calculate may not be in line with statutory net income. At Wiejaczka Law, we work with clients to get the inputs right. Then, even with the formula the court relies on to make decisions, we know we have a good shot at achieving your objectives.
Child Support Modifications
Family finances can often change over time. One parent may get laid off, while another gets a better, high-paying job. When this happens, the previously decreed child support level may no longer be appropriate. While it is tempting to make your own changes, it is not binding until approved by the court. You are not allowed to make informal changes on your own. You must petition the court for a formal modification of support or submit your written agreement to the court. Taking into consideration the new January 2017 law regarding child support, unless there is a significant change, the court will not consider a modification.
For more information, contact Wiejaczka Law, P.C., at 847-526-4909 or write us using this online form. We can also assist with efforts to enforce existing court orders.