Child Support
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Child Support
Illinois calculates child support using an income shares model. Rather than taking a flat percentage of one parent’s income, the court determines the combined net income of both parents, applies a statutory schedule to arrive at the total amount the parents would be expected to spend on the children, and then divides that obligation between them in proportion to their respective incomes. The result is that both parents’ incomes matter, and a change in either parent’s circumstances can affect the obligation.
Parenting time also affects the calculation. Where each parent has the children for at least a statutorily defined number of overnights per year, the case is treated as shared parenting and a different formula applies, which generally reduces the support obligation to reflect the costs each parent bears directly. This is one reason parenting time and support are best addressed together rather than separately.
Support is not limited to the base amount. Illinois courts routinely allocate additional expenses between the parents, including health insurance premiums, uninsured medical and dental costs, child care necessary for employment or education, and extracurricular and school expenses. Courts may also address contribution toward a child’s college or other post-secondary educational expenses, which in Illinois can be ordered even after the child reaches adulthood.
Where income is not straightforward — a parent who is self-employed, paid in cash, working under capacity, or unemployed by choice — establishing the correct figure becomes the central issue. Courts may impute income to a parent who is voluntarily unemployed or underemployed. Attorney Marinov has handled child support matters in Illinois courts for over twenty years, including establishment, modification, enforcement, and cases involving disputed or concealed income. Contact our office to discuss how the guidelines apply to your situation.
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Common Questions
How is child support calculated in Illinois?
Illinois uses an income shares model, which considers the net income of both parents together with a statutory schedule, then divides the resulting obligation in proportion to each parent’s income.
Does the amount of parenting time affect support?
Yes. Where each parent has the children for at least the statutory number of overnights per year, a shared parenting calculation applies, which generally reduces the base obligation.
What counts as income for child support?
Income is defined broadly and is not limited to wages. Bonuses, commissions, self-employment income, rental income, and certain benefits may be included. Net income is calculated after specified deductions.
What if the other parent is self-employed or paid in cash?
This is common and it is addressed through discovery — tax returns, bank records, business records, and where necessary depositions. Courts are familiar with the problem and can determine income from the available evidence.
What if a parent quits a job or works below their ability?
Courts may impute income to a parent who is voluntarily unemployed or underemployed, calculating support based on earning capacity rather than actual earnings.
Are health insurance and medical bills included?
They are generally addressed separately from the base support amount. Courts commonly allocate the cost of the children’s health insurance premiums and uninsured medical expenses between the parents in proportion to income.
What about daycare and extracurricular activities?
Child care necessary for a parent’s employment or education, and extracurricular and school expenses, are frequently allocated between the parents in addition to base support.
Can I be ordered to pay for college?
Illinois permits courts to order contribution toward a child’s post-secondary educational expenses, subject to statutory limits and factors. This is one of the few areas where an obligation can extend past the child’s eighteenth birthday.
When does child support end?
Generally when the child turns 18, or graduates from high school if later, subject to a statutory outside age. Support may continue indefinitely for a child who is disabled and unable to support themselves.
Can child support be changed?
Yes, on a showing of a substantial change in circumstances. In addition, orders may be reviewed periodically, and a significant change in either parent’s income is a common basis for modification.
What can I do if the other parent is not paying?
Enforcement remedies include income withholding, interception of tax refunds, suspension of driver’s and professional licenses, liens, a finding of contempt, and an award of attorney’s fees. Past-due support accrues statutory interest.
Can we agree to no child support?
Child support is calculated under statutory guidelines. A court may order a different amount only if it finds that applying the guidelines would be inequitable, unjust, or inappropriate, and it must state its reasons in writing along with what the guideline amount would have been. Parents cannot simply agree between themselves to waive support. The right to support belongs to the child, so any agreement changing or eliminating it must be presented to the court and approved as consistent with the children’s best interests.
What documents should I bring to my first consultation?
Any court papers you have been served with or have filed, recent pay stubs and tax returns for both spouses if you have them, a list of significant assets and debts, and any existing court orders or agreements.
How much are your family law services?
Whenever appropriate, we offer our family law services on a flat-fee basis so that you understand the cost of representation from the outset. Please contact our office to discuss the fee for your specific matter.
