Page 42 - January 2016

RACHEL JOHNSON
FAMILY LAW Changes to the current child support regime

Officers who become involved in divorce or cus-

tody proceedings should be aware that the Illinois

Marriage and Dissolution of Marriage Act, which

applies in Illinois divorce and custody proceedings,

has changed for 2016. A key change includes the

way that child support is calculated and allocated

amongst parties. Child support orders are an

important issue that should not be overlooked or

treated as a routine matter; they have a drastic

impact on not only the standard of living for the

child, but can also affect the supporting parent in a number of ways. If support payments are not received in a timely fashion

by the custodial parent from the non-custodial parent, harsh

penalties may ensue. In some instances, all it takes is a matter

of days for payments to be considered delinquent.
The courthas avarie ty of me tho ds toensur e thatchild support paymen tsa remadetim e ly. T he court mayord erthat the sup porti ng parent ’sw agesbe garn ishedin or derfor the financial obligation s of that pa rent to b e met. F urthermore , the

non-custodial parent’s driver’s license may be suspended by the

state for failure to pay child support. This scenario could render

the ability of police officers to complete the duties of their job virtually impossible as officers are required to be in possession of a valid driver’s license as a condition of employment. Conse- quently, without the ability to be gainfully employed, the ability to support one’s child becomes extremely difficult as well. There- fore, it is imperative that any support order entered by the court should be both accurate and manageable.
will now allow the supporting parent to deduct student loan pay- ments from overall net income. This is a highly significant change in this day and age where most officers have at least a two-year Associate’s Degree and many officers possess a sub- stantial amount of student loan debt related to their higher edu- cation. Furthermore, the change to the Act limits the supporting parent’s obligations as it pertains to college expenses. The max- imum amount a party would be required to pay is the cost of in- state tuition at the University of Illinois at Champagne-Urbana. Additionally, absent good cause being shown, any financial obli- gation of the support parent must be incurred before the child’s 23rd birthday, and no award can be made after the child’s 25th birthday.
Currently, allocation of child support is based upon a percent- age of the paying parent’s income. Under section 505(a)(1) of the current statute, the supporting parent must pay 20 percent of his or her net income for one child, 28 percent for two children, 32 percent for three children, 40 percent for four children, 45 per- cent for five children and 50 percent of net income for six or more children. Under the Act, these guidelines are to be applied by the court in each case, “unless the court finds that a deviation from the guidelines is appropriate after considering the best interest of the child in light of the evidence, including but not limited to, one or more of the following relevant factors...” 750 ILCS 5/505. These factors include: the financial resources and needs of the child and custodial parent; the financial resources and needs of the non-custodial parent; the standard of living the child would have received had their parents not separated; the emotional, physical, and mental needs of the child;, and the educational needs of the child. If the court feels it is necessary to deviate from the statutory guidelines, it must state the amount of support that would have been required under the statue, as well as its reasoning for deviating from said amount.
When divorce or separation proceedings involve children, child support obligations are not a matter to be taken lightly. By revising the Illinois Marriage and Dissolution of Marriage Act, the Illinois Legislature is proving that it recognizes the increasing difficulty some parents may have in meeting their support obli- gations and is acting to have child support orders more accu- rately reflect the financial realities of hardworking individuals. This significant change can take on vital importance in cases when educated police officers owe a significant amount in stu- dent loans. As a result, officers should be aware of the changing law and seek professional legal help that will best protect their interests. d
The court calculates the percentage of support based upon the net income of the supporting parent, thus determining what is actually considered “net income” is crucial. The revised Act
Rachel Johnson graduated DePaul University College of Law with a certificate in family law, and has been working in the field of domestic relations for several years. She is an associate with the law offices of Daniel Q. Herbert and Associates.
42 CHICAGO LODGE 7 ■ JANUARY 2016
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