Many parents in Illinois find themselves frustrated with the inflexibility of the current child support program. The calculations do not make sense for many parents anymore and many want to see the program improved and updated. In 38 other states, this has already been done and Illinois may be next.

Currently, Illinois child support rules state that the non-custodial parent must pay a flat percentage of that person's net income. The number is based on the number of children in the family. It does not take into consideration that the non-custodial parent may spend more time with the children, or that the custodial parent may earn more than the non-custodial parent.

A key advisory committee for the Illinois Department of Healthcare and Family Services is backing an overhaul of the currents state child support payment system. The advisory committee is in the process of drafting a bill that would change the current system to an income shares system. One of the committee members stated that there may be a move in the General Assembly to change the law as early as this spring.

The income shares system assumes that a child is entitled to live in the manner to which he or she is accustomed. Instead of using a flat percentage, the income shares system uses a percentage of both parents' incomes. Therefore, a parent who earns more money would make higher payments than a parent who makes less money.

Also, if the non-custodial parent spends more time with a child, that factor would most likely be taken into consideration as well. Payments would be adjusted to reflect the amount of time a child spends with each parent. The committee is hoping that the new system stops bitter arguments between the parents over the cost of child support.

Officials state that the new rules would most likely apply only to future cases, and not cases that have already been through the court system. While some critics say that the conversion to a new program could be costly for the state, supporters say that the overhaul is necessary in order to treat mothers and fathers equally.

Source: Chicago Tribune, "A better system for child support," Jan. 16, 2012