Supreme Court issues new guidelines for child support payments
May 28, · Lastly, this statute prohibits individuals obligated to pay child support from crossing state lines or fleeing the country with the intent to avoid paying child support that has either been past due for more than 1 year or exceeds $5, (See 18 U.S.C. § (a) (2)). Any individual convicted of this crime may face up to 2 years in prison. Apr 06, · The new law also adjusts the timetable for assessing fees and costs as well as for assessing retroactive child support arrears, reducing it from 12 years to three years.
Catching up from last week: It drew little attention but the Arkansas Supreme Court last week approved new guidelines for setting child support payments in Arkansas. Child support rules have been evolving over the last 15 years or so with guidance from the federal what is the new child support law. Arkansas now will follow, like most states, an income-shares model for setting payments.
That is, it must take into account income from both parents. That could be considered before, but it was discretionary. Judges may depart from guidelines in the chart suppogt must have a good reason to do so. In general, the order says:. These Guidelines and the accompanying Worksheet assume that the parent to whom support is owed payee parent is spending his or her calculated share chilc on how much does it cost to rent a semi trailer child.
For the parent with the obligation to pay support payor parentthe pro-rata charted amount establishes the base level of child support to be given to the payee parent. You can find the recommended monthly support payments chart beginning on page 22 on this PDF.
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About Child Support
Apr 06, · The law updates the child support guideline statute to align with federal rules that are based on the combined parents’ actual income and the non-custodial parents’ ability to pay. Apr 08, · Child support rules have been evolving over the last 15 years or so with guidance from the federal government. Significantly. Arkansas now will . Apr 05, · The new law also adjusts the timetable for assessing fees and costs as well as for assessing retroactive child support arrears, reducing it from 12 years to three years. The court may assess for a longer period if there’s evidence that an action to establish paternity could not have been brought before the court any sooner.
In this article we will explain recent changes to Illinois child support law. Although the major changes discussed in this article went into effect in July of , this article has been reviewed and updated for For much more on Illinois child support law, check out our article: Illinois Child Support On August 12, , Governor Rauner signed into law Public Act , which changed the manner in which Illinois divorce courts calculate child support.
According to the previous child support law, courts were directed to award as child support certain minimum percentages of the non-custodial parent's net income, regardless of the income of the custodial parent. The new law replaced these minimum guidelines with an "income shares" model, which is already in use in most other states.
Under the "income shares" model, the divorce court is instructed to refer to economic tables put forth by the Illinois Department of Healthcare and Family Services to determine how much money would be allocated for the care of the child if a similarly situated couple were living together based on the combined income of the couple, the cost of living, and the number of children.
Each parent is responsible for their prorata share of this amount based on their relative incomes or potential incomes if the parent is voluntarily unemployed or underemployed. Depending on the relative incomes of the parents this may cause some parents to pay more and some to pay less in child support than under the previous law.
The new law also treats child support differently in "shared parenting" situations, meaning that each parent has the child for at least overnights per year. In a shared parenting situation, the base amount of total child support is multiplied by 1. In a shared parenting situation, the amount of time that each parent spends with the child will factor into the amount of child support he or she is responsible.
The more time you spend with the child, the less your child support obligation will be, relative to the other parent. Time spent with the child does not become a factor until the " overnights per year" threshold is met.
She explained that she and her husband had two children together, which were not contemplated in the existing child support order. She asked whether, under the new child support law, the court would consider this in modifying child support. The new child support law provides that the court must apply the child support guidelines set forth by the Illinois Department of Healthcare and Family Services explained above the court makes a finding that the application of the guidelines would be inappropriate after considering the "best interests of the child.
If you are responsible for two additional children that were not contemplated by the original child support order, this would certainly qualify as a "substantial change of circumstances," which, as explained below, would potentially allow you to modify your existing child support order. The court would have discretion to weigh your current financial situation, including your additional obligation to support your two children, in determining whether strict application of the guidelines would be inappropriate in light of the court's determination of the best interest of the child.
If you are in this situation, I would recommend speaking directly to an attorney, who can review relevant case law against the specifics of your case in order to give you a legal opinion regarding the likelihood of the court exercising its discretion to deviate from the guidelines in your particular case.
A reader commented on this article asking whether, after July 1, , he would be able to have his existing child support order modified to bring it into line with the new child support guidelines.
The answer is that the passage of the new law, in and of itself, is not a basis to have your child support modified. You will still need to show a "substantial change in circumstances" other than the change in the law for the court to modify your child support. However, if you are able to demonstrate a change in circumstances after July 1, , your child support will be modified in accordance with the new law, as opposed to the law in place at the time the original order was entered.
A reader commented on this article asking how child support is handled when the non-custodial parent has multiple families in multiple states. Many of our readers have commented asking whether they are likely to be paying or receiving more or less in child support under the new "income shares model. Check out our new article in which we link to these tools and explain how to use them properly: Illinois Child Support Guidelines Schedule a Consultation.
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