CHICAGO, IL, June 09, 2025 /24-7PressRelease/ -- Child support payers in Illinois may see significant changes in their court-ordered obligations thanks to a recent amendment to 750 ILCS 5/505(3.2a) (the Illinois Marriage and Dissolution Act). Now, courts are explicitly empowered to calculate child support based on the paying parent's potential income rather than their reported earnings. Illinois lawmakers further codified the statute to create a structured approach that determines the paying parent's earning capacity using a mix of multiple factors:

- Financial resources, including valuable possessions not generating income
- Living situation and general lifestyle
- Work background and income trends
- Professional qualifications and academic experience
- Reading ability, age, and physical condition
- Legal issues and obstacles to getting hired
- Efforts made to find employment
- Local job market conditions and typical wages

When the paying parent has insufficient work history to estimate their potential earnings, the courts are to apply a rebuttal position estimating their income to be 75% of the Federal Poverty Guidelines for a single-person household. This gives courts a consistent baseline for determining child support.

These changes seek to address unclear language in the previous Illinois Marriage and Dissolution Act and minimize the uneven application of the law in county family law courts. Prior to the changes to the Illinois child support laws, judges awarding child support could treat the paying parent as if they earned a higher income than their most recent reporting if that parent had a history of employment, higher salary, or a history of being voluntarily under-employed or unemployed. Now, Illinois family law courts must conduct an evidentiary hearing on issues of child support and under or unemployed parents.

As experienced Lake Forest, IL family lawyers, the attorneys at Hurst, Robin, Kay & Allen, LLC anticipate a rash of petitions (from paying and receiving parents alike) seeking a post-judgment modification of their existing child support orders.

About Hurst, Robin, Kay & Allen, LLC

Hurst, Robin, Kay & Allen, LLC is a full-service family law firm serving clients across Chicagoland. As well-respected Chicago, IL divorce lawyers, they fiercely advocate for clients' best interests, both financial and familial. They exclusively practice family law and divorce matters, honing their skills in this field of law to best serve Illinois families.

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