Why Illinois Child Support Changed to an Income-Shares Model

Why did Illinois Child Support change from a fixed percentage of salary to an income-shares model? First, to modernize the calculations established in 1984. Second, with the income-shares model, Illinois residents who wouldn’t normally be a recipient of child support can now receive it!

For any State to secure and receive Title IV-D funding (welfare) from Social Security for Child Support from the Federal Government, they need to meet the requirements every four years outlined in the Federal Code of Regulations. This Federal Code requires a State to use the income-shares model for calculating child support. The change in the Illinois child support law, effective on July 1, 2017, brought Illinois in line with 39 other states and the District of Columbia, which already use the income-shares model, to receive Federal funding.

However, several challenges have risen in divorce cases since the passage of this new law:

1) If your case is one where you receive child support which was calculated prior to July 1, 2017, and there is a current request of the court to modify, you will find the new law greatly decreases your support. The old way took into consideration child support, first, and maintenance, second. The new laws have flipped the order, taking into consideration maintenance, first, and child support, second. However, through a rebuttable presumption process, one can come forward to contest and prove otherwise. Courts may use discretion and change the child support amount, taking into consideration the best interests of the child.

2) To make things more complex, the child support formula accounts for nearly equal (50/50) parenting time for any parent that has their child at least 146 nights out of the year. Unfortunately, it has created a bit of manipulation within the system. Parents who might not otherwise wish to spend at least 146 nights with their child might push for more time, just to reduce their support. Alternatively, a parent may try to reduce the number of nights the other parent receives, ideally below the threshold, to increase the amount of support they receive. The Illinois House has introduced House Bill HB5444 concerning the determination of child support, addressing the number of days and a multiplier to hopefully solve this challenge.

3) In addition, the Illinois Child Support tables to calculate child support are uniform across the state, but not all incomes and property values are the same between the State counties. “A State must consider economic data on the cost of raising children and analyze case data, gathered through sampling or other methods, on the application of, and deviations from, the guidelines.” The Illinois House has proposed in House Bill HJR0132, a Parental Responsibilities and Child Support Task Force whose mission is review the current law regarding parenting time, allocation of parenting responsibilities, and child support in this State; evaluate whether the laws are implemented in a uniform and fair manner; and assess the impact of the laws of this State on children and parents.

It's never perfect when there is a significant law change. Fortunately, our Illinois House is addressing the challenges. It takes time. The question is whether these issues can be addressed before the court issues rulings that do not match what the ultimate law modifications will be.