Abstract
Illinois child support laws are outdated and inconsistent with the majority of child support laws in other states. Adopted by forty states and territories, the leading child support guideline is the Income Shares Model. The design of the Income Shares Model is to level the financial playing field for both parents by considering both parents’ incomes as well as the financial and non-financial contributions of both parents. Unlike the Income Shares Model, Illinois’ current child support model fails to recognize the existing societal change of both parents earning an income due to the subjective focus on the non-custodial parent’s net income. Essentially, the child support laws in Illinois penalize the non-custodial parent and provide no incentives or financial compensation for parental involvement.
This Comment argues that Illinois should join the national trend and enact legislation adopting the Income Shares Model of child support. First, this Comment will briefly discuss the history of child support laws in the United States and the different types of child support models. Next, this Comment will examine the current Illinois child support statute and discuss the multiple deficiencies with the guidelines. Finally, this Comment will provide an in-depth analysis supporting the reasons why the Illinois General Assembly should adopt the Income Shares Model and highlight important provisions the new statute should include.
Recommended Citation
J. D. Sanders,
Shared Responsibility: Time for Illinois to Adopt the Income Shares Model of Child Support,
38
S. Ill. U. L.J.
281
(2014).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol38/iss2/4