Illinois has enacted significant changes to the way child support payments are calculated, focusing on a parent's potential income rather than solely their reported earnings. This shift, part of amendments to the Illinois Marriage and Dissolution Act, seeks to address disparities in child support determinations across counties. Courts will now assess a parent's earning capacity based on financial resources, lifestyle, work history, and professional qualifications, with a baseline of 75% of the Federal Poverty Guidelines for a single-person household applied when work history is insufficient.
The previous system allowed judges to impute higher incomes to parents who were voluntarily under-employed or unemployed, but lacked consistency. The new law requires evidentiary hearings to examine under or unemployment issues, ensuring a more transparent and fair process. Legal experts anticipate an increase in modification petitions for existing child support orders, highlighting the amendments' role in fostering fairness and consistency.
This legislative update is pivotal for Illinois families, closing loopholes that enabled some parents to avoid financial responsibilities. By basing child support on potential income, the law guarantees children receive necessary support, irrespective of their parents' employment status, thereby supporting efforts to reduce child poverty and safeguard the welfare of Illinois' children.
