Illinois divorce and family lawyers should be following the progress of SB 69. It was introduced on January 1, 2017 and arrived in the House on April 5, 2017. As of May 3, 2017, it was assigned to “Judiciary.”
SB 69 has been alternatively called a technical corrections act but it does much more than provide technical corrections. A better name would be the “trailer bill.” The trailer bill dramatically differs in several respects from the original legislation (which has already been enacted into law). The hope and anticipation is that the trailer bill will pass the House and be signed into law prior to the effective date of the currently drafted income shares legislation. In that way only will Illinois be able to provide greater predictability regarding child support awards.
It is critical for Illinois family lawyers to understand in detail the provisions of SB 69. For example, in the counties where I practice such as McHenry County, Lake County, and Kane County, certain judges have already indicated that they will be applying proactively the income shares model to cases immediately before it. This can be done by the judge stating that the alternative is to simply continue the case until July 1, 2017 at which time there is no (legitimate) argument that the income shares provisions will apply to all Illinois child support new determinations.
For a clean copy of the technical corrections, legislation click on the following link: Income Shares Technical Correctionsa.
Gunnar J. Gitlin