The law in illinois is about to change significantly as it relates to childcare support. Starting july first 2017 we will change from a fixed percentage state to what’s called an income shared state as.
It relates to child support payments. It’s important for us to understand the fixed percentage plan we have currently in effect before you recognize how significant this change is. Under the current plan child support payments are.
Based upon a fixed percentage based on the number of children you have of your net income. So if you have one child you owe twenty percent of your net income towards child support payments. Two children 28percent, three children.
Thirtytwo percent, and so on. under the new approach the number of children you have will not necessarily make a difference as it relates a child care support. What will make a significant difference in child support is the.
Combined net income of both parents. the first step under the new approach is to examine the incomes of both parents and combine them, creating a net income for the family. That family net income is then shot through a calculation based.
Upon a table created by the illinois department of human services for how much a family earning that amount of money would spend in supporting a child or however many children you have. That formula or table is not yet created so.
We don’t know how to apply this yet but it should be in effect long before july first of this year. Once you have the total amount of child support that is going to be created for this child or the children you have, the.
Courts will examine the proportion of each parents net income. So for example if a husband is making $50,000 and the wife who is the custodial parent is making a hundred thousand dollars the husband’s child support payments will be.
Child Custody Jurisdiction UCCJEA The Marks Law Firm
The very first question a court must address in any custody dispute is the issue of jurisdiction which means whether the court has the authority to grant the requested relief. To address the issue of jurisdiction, Missouri enacted the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA. The purpose of the UCCJEA is to provide one and only one court in the world to have the ability to consider custody issues in a particular case. Often parents live in different states,.
And even different countries, after separating, and one parent may want home court advantage or wish to find a state where the parent believes the law would be more favorable on a particular issue. To prevent this type of forum shopping, the UCCJEA designates the home state of the child as the exclusive forum for deciding custody matters. The home state is the state in which the child has resided for the six months preceding the filing of a custody action. So, as an example, if husband and wife living in Missouri separate and wife moves with the.
Children to illinois, wife may decide to file in illinois right away so that illinois may decide custody. However, if the children have not lived in Illinois for at least six months, Missouri will remain the home state and the presumptive forum to hear the case. The key thing to keep in mind is that if, after divorce, one or both of the parents move to another state, seek out a knowledgeable attorney who can make sure youre not wasting valuable resources seeking custody decisions in the wrong jurisdiction.