Child Visitation Lawyers in Lake Bluff IL
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Child Support Modification: Lake Forest Illinois
Child Support Modification (Lake Forest Illinois) is the same as it is anywhere in Illinois. It may be needed when financial circumstances change, life circumstances change, kids get older, kids graduate, new activities start, or any of a million other changes happen in life. Let’s talk about how that happens.
The Old Child Support Law
Prior to 2017, child support was paid from one parent to the other. The parent with the majority of parenting time typically received child support. The parent with the least parenting time typically paid child support. The child support paying parent paid a flat percentage of their net income (basically income after taxes). So for one child they would pay 20% of their net income, two children 28%, etc.
The New Child Support Law
Starting in mid-2017, the child support law was changed. Now, the Court considers 4 primary factors: (1) how much parenting time does the first parent have, (2) how much parenting time does the second parent have, (3) how much income does the first parent have, and (4) how much income does the second parent have. The concept behind the law was noble, it intended to consider more modern factors, like two working parents and shared custody arrangements. However, it has been less successful in practice. Specifically, it has led to more difficult fights over how much time the non-primary parent will have with the child as the difference between having 145 nights with the children and 146 nights with the children can be substantial financially.
Show Me The Money
What does the change in law mean in real dollars? Let’s consider these facts: husband makes $200,000, wife makes $50,000. They have one child. Husband is ordered to pay $50,000 in alimony. How much child support does husband have to pay? There are 4 answers here: (
1) amount under the old law – $19,474 per year,
(2) amount if he has 145 overnights with the child – which is 39% of the overnights – $19,138 per year,
(3) amount if he has 40% of the overnights – $9,569 per year, and
(4) amount if he and wife share 50/50 time – $4,784 per year.
Here, if the parents agree to 50/50 parenting time, the lower earning spouse (in this example the wife) will receive about 25% of the child support she’d get if she didn’t agree to share time equally with the child. Not surprisingly, this incentive to not share parenting time has led to an unfortunate increase in conflict.
If your circumstances or your ex’s circumstances have changed, please give us a call to discuss how child support modification might work for you. Of primary consideration will be: (1) the time you and your ex each have with the kids, (2) your incomes, and (3) whether the legal cost of fighting through a modification will be less than you’ll expect to save under the new laws.
Title: Child Support Modification Lake Forest Illinois
Sub-Title: Child Support Modification Lake Forest IL