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Key Points About The New Illinois Family Law

Illinois family law has undergone several changes since 2016 and especially during the pandemic. Here are some of the new changes you should be aware of:

Top Changes To Illinois Family Law

New Child Support Laws

As per the new law, hard percentages for calculating child support are now obsolete. Now, both parents will need to inform the court about their net income and parenting time will also be considered. The aim is to determine a child support order that is fair for both parents.

If both parents have similar incomes, this could reduce child support payments. Additionally, the more time the paying parent has to spend with the child, the less they may have to pay for child support. However, only an Illinois family law attorney can advise you on how the situation can turn out as per the new laws. The changes can have a huge impact on future child custody orders but they can also result in a fair divide of payments.

In case a child is in foster care and is to be returned to the parents, the Illinois Department of Child and Foster Services (DCFS) has to take extra steps during the transition. This includes aftercare services that will be provided to the child at least six months after their mandate for the child’s care has ended.

No Changes Per Se to the Marriage and Dissolution of Marriage Act

Divorce laws are relatively unchanged in Illinois. Irreconcilable differences are the only grounds for a divorce as per the Act and all marital property is to be divided equitably. This does not mean a 50/50 split of property per se. The division is determined as per different factors such as income that both spouses brought to the marriage, the duration of the marriage, their age/health, etc.

Similarly, the court will still equitably divide marital debt, including debt that was incurred during the marriage irrespective of whose name it is in. This includes debt from credit cards, personal loans, mortgages, etc.
If maintenance is required, the amount to be paid is to be determined by taking 33.3% of the payer’s net income and a difference of 25% from his/her net income. This cannot exceed 40% of the combined income of both parties.

If you are searching for an experienced Illinois family law attorney who is up to date on the latest family law changes in Illinois, get in touch with Dan Walker for a consultation today. Dan has been in private practice for over 45 years and is dedicated when it comes to advocating for his clients.

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