Splitting the bill: Illinois’ proposed legislation on income shares
I recently finished a case which dealt with two parties who earned approximately the same income per year, $100,000, and Dad exercised six out of 14 nights of parenting time with the minor children. The issue of an appropriate child support amount was one of the main issues that prevented settlement. One side wanted guideline child support and the other sought a deviation. The factors provided in Section 505 of the Illinois Marriage and Dissolution of Marriage Act did not necessarily support a deviation. Section 505 of the Illinois Marriage and Dissolution of Marriage Act identifies the following factors that courts can consider when deviating from guideline child support: (a) the financial resources and needs of the child; (b) the financial resources and needs of the custodial parent; (c) the standard of living the child would have enjoyed had the marriage not been dissolved; (d) the physical, mental and emotional needs of the child; (d-5) the educational needs of the child; and (e) the financial resources and needs of the non-custodial parent. In order for the court to deviate from guideline child support it must make a finding, state the amount of support under guidelines, and state the reason for the deviation. See 750 ILCS 5/505. Typically, the word deviation in the context of child support drives up litigation costs and varies from Judge to Judge.
In my case, simply the fact that the parties were earning approximately the same income per year was not a basis to deviate. Illinois courts generally do not consider the income of both parties unless that income is on either extreme: a lot or a little. See for reference, In Re the Marriage of Turk, 2014 IL 116730, which permitted a child support award to a non-custodial parent where the non-custodial parent earned far less than the custodial parent. The holding in Turk reiterates the long-standing Illinois public policy: both parents have a duty to support their children. This public policy, however, is not fully realized under the percentage based child support model. Turk, instead, promotes what the income shares model exemplifies: equitable results.
Further, in my case, Dad’s parenting time of 6 out of 14 nights with the minor children is not considered under the current deviation factors. Although the parties were splitting the costs of raising the children under the expanded parenting time schedule, this is not a factor the court is required to consider when deviating from the current child support guidelines.
The percentage based child support model fuels the litigation fire in many cases. With the Illinois’ legislature’s recent removal of the stark custody lines, we are moving away from litigation-based family law cases. If Illinois is moving away from the traditional custody battles; shouldn’t Illinois’ traditional child support calculation move with it?
Currently 39 states have adopted an income shares model in determining child support. Following the lead, the Illinois Child Support Advisory Committee and the Illinois State Bar Association’s Family Law Section Council have recommended that Illinois adopt an income shares model. The income shares model sets forth each party’s financial obligation to pay child support based upon a schedule which reflects child-rearing expenses for a range of parental incomes and number of children. Draft Proposal to Adopt the Income Shares Model for the Illinois Child Support Guidelines, Illinois Department of Healthcare and Family Services, May 16, 2012. The child-rearing expenses were determined using statistical data of how much it would cost for an intact family to raise a child or children. The statistical data utilized in the income shares schedules are based upon Betson-Rothbarth (BR) measurements of child-rearing expenditures developed from the Consumer Expenditure Survey. Id.
How does the income shares model work? First, determine the gross income of the parents. When determining gross income, it is income from all sources as currently defined under Section 505 of the Illinois Marriage and Dissolution of Marriage Act. Further, similar to the current child support statute, determine the appropriate amount of each parent’s net income. The income shares model utilizes both parent’s income to allow the child to enjoy the standard of living of an intact household. Further, the income shares model considers circumstances such as shared custody or expanded parenting time schedules.
The income shares model comprises of grids and schedules to accommodate the range of incomes and circumstances of the parents. The next step would be to find the intersection on the grid by using the combined net income of both parties and matching it to the number of children. The appropriate box would state the basic child support obligation.
Using the basic child support obligation, you would then determine the percentage of the obligation to assign to each parent based on what each parent’s proportional share is to the total combined income. Using the facts of my case, the combined net monthly income of the parties was approximately $10,000.00: $5,000.00 from Dad and $5,000.00 from Mom. The parties have two (2) children. Using the hypothetical income shares grid and matching $10,000.00 with two (2) children, the intersected box reflects $2,000.00 for a basic child support obligation. Since each party’s income equally totals the combined net monthly income, then Dad would pay 50% of the basic child support obligation, or $1,000 per month.
Adjustments to the basic child support obligation are made based upon circumstances of the parties, the children and the custodial arrangements. Expenditures such as childcare, extraordinary medical needs and defined child-related expenses can be added to the basic child support obligation.
In addition, if the parties have shared custody or the non-custodial parent has an expanded parenting time schedule (40% or more), then these arrangements are also considered. This consideration, therefore, would be utilized in circumstances such as my case where Dad exercised 43% parenting time with the minor children. This would mean a further reduction to his child support obligation.
The current recommendation for a shared custody arrangement provides for a cross-formula, or two support awards, equating what each parent would owe the other. If there is a difference in the two amounts, then that is what is determined to be the child support obligation.
Illinois has not modified its child support methodology in thirty years; except for the increase to the percentage of child support for two children. The current model fails to consider parental and custodial arrangements that are becoming more and more common. One thing can be certain: things change. Our child support method needs to adapt to how Illinois families are changing. The current child support method may be easier to compute; nevertheless, it is antiquated and in certain circumstances inequitable. I ask our readers to support Illinois adopting the income shares method for calculating child support!