If you are getting divorced, establishing parentage, or addressing child support in Illinois, one of the most common questions is: How is child support calculated in Illinois?

Illinois significantly changed its child support laws on July 1, 2017. Under the Illinois Marriage and Dissolution of Marriage Act, Illinois replaced its former percentage-of-income child support model with what is known as the Income Shares model.

The Income Shares model considers the income of both parents when calculating child support. This means that Illinois child support is no longer calculated by simply applying a percentage to the income of the parent paying support.

Understanding the Illinois child support guidelines, the Income Shares model, parenting time considerations, and the expenses that may be added to a child support obligation is important for parents seeking to establish, modify, or enforce child support in Illinois.

What Is the Illinois Income Shares Model for Child Support?

Illinois uses an Income Shares model to calculate child support.

Under the Income Shares model, the Court generally considers the income of both parents to determine the amount of financial support that should be available for the child or children.

The basic concept is that a child should receive the same approximate proportion of parental income that the child would have received if the parents lived together.

To calculate child support under the Illinois Income Shares model, the parties’ incomes are generally determined and used to calculate their combined net income. The applicable basic child support obligation is then determined under the Illinois child support guidelines.

Each parent’s percentage share of the combined net income is used to allocate the child support obligation between the parents.

For example, if one parent earns 60% of the parties’ combined net income and the other parent earns 40%, those percentages may be relevant when allocating the parties’ respective financial responsibilities for the children.

However, calculating child support in Illinois is not always as simple as entering two salaries into an online child support calculator. Determining each parent’s income, allowable deductions, parenting time, health insurance costs, childcare expenses, and other child-related expenses can significantly impact the calculation.

What Income Is Used to Calculate Child Support in Illinois?

One of the first steps in calculating child support in Illinois is determining each parent’s income.

Depending upon the circumstances, income may include wages, salaries, commissions, bonuses, overtime, self-employment income, pension income, and other sources of income.

Determining income can become more complicated when a parent is self-employed, owns a business, receives irregular bonuses or commissions, has fluctuating income, or receives compensation from multiple sources.

Issues may also arise when a parent is unemployed, underemployed, or allegedly earning less than he or she has the ability to earn.

For this reason, determining the appropriate income to use for an Illinois child support calculation can sometimes be one of the most disputed issues in a divorce, parentage, or child support case.

How Does Parenting Time Affect Child Support in Illinois?

Parenting time can affect the calculation of child support in Illinois.

Illinois law includes a specific calculation for certain shared parenting situations. Generally, the shared physical care calculation may apply when each parent exercises 146 or more overnights with the child or children per year.

The number of overnights exercised by each parent can therefore have a significant impact on the child support calculation.

However, having equal or approximately equal parenting time does not automatically mean that neither parent will pay child support.

Even in a 50/50 parenting schedule, child support may still be owed depending upon the parties’ respective incomes, the applicable statutory calculation, and other relevant financial considerations.

This is a common misconception among parents. A parent should not assume that equal parenting time automatically eliminates child support in Illinois.

What Additional Expenses Are Considered in an Illinois Child Support Case?

The basic child support obligation may not be the only financial issue addressed in an Illinois child support case.

Depending upon the circumstances, the Court may also address expenses related to the children, including:

1. Health Insurance: Health insurance premiums attributable to the children.

2. Uncovered Healthcare Expenses: Uncovered medical, dental, orthodontic, vision, psychological, psychiatric, and other healthcare expenses.

3. Childcare Expenses: Work-related childcare expenses.

4. Educational Expenses: Educational expenses for the children.

5. Extracurricular Activities: Expenses associated with extracurricular activities.

6. Other Child-Related Expenses: Other expenses related to the children’s needs.

The manner in which these expenses are divided can depend upon the specific expense, the parties’ incomes, the terms of an agreement, and the Court’s determination.

In some cases, additional child-related expenses may be allocated between the parents based upon their respective percentages of the parties’ combined income.

Can an Illinois Court Deviate From the Child Support Guidelines?

Yes. An Illinois Court may deviate from the statutory child support guidelines under certain circumstances.

The guideline child support calculation is generally the starting point. However, the Court may consider whether application of the guideline amount would be inappropriate, inequitable, or unjust based upon the circumstances of the case.

When determining whether a deviation from Illinois child support guidelines is appropriate, the Court may consider relevant statutory factors, including the financial resources and needs of the child, the financial resources and needs of the parents, and the standard of living the child would have enjoyed if the parents had remained together.

A deviation from guideline child support is fact-specific.

Parents should also understand that simply agreeing that neither party will pay child support does not necessarily eliminate the need to calculate the statutory guideline child support amount. If the parties agree to deviate from the Illinois child support guidelines, the appropriate statutory information and basis for the deviation may still need to be addressed.

How Is Child Support Calculated in Illinois?

Generally, calculating child support in Illinois involves several steps.

First, the income of each parent must be determined. The parties’ applicable net incomes are then calculated pursuant to Illinois law.

Next, the parties’ combined net income is used to determine the basic child support obligation under the applicable Illinois child support guidelines.

Each parent’s percentage share of the combined net income is then determined.

The calculation may also need to account for the parties’ parenting schedule, particularly when each parent exercises 146 or more overnights per year.

Health insurance premiums, childcare costs, and other applicable child-related expenses may also impact the ultimate financial obligations of the parties.

Although an Illinois child support calculator may provide a general estimate, the accuracy of any child support calculation depends upon the accuracy of the information entered.

An online child support calculator cannot independently determine whether a bonus should be included as income, how self-employment income should be calculated, whether income should be imputed to a parent, or whether a deviation from guideline child support may be appropriate.

An experienced Illinois divorce and family law attorney can review the financial information and identify issues that may impact the child support calculation.

Does 50/50 Parenting Time Mean No Child Support in Illinois?

No. A 50/50 parenting schedule does not automatically eliminate child support in Illinois.

When both parents exercise significant parenting time, the shared physical care child support calculation may apply. However, the parties’ respective incomes remain relevant.

If one parent earns substantially more than the other parent, that parent may still have a child support obligation even when the parties exercise equal parenting time.

The amount of child support will depend upon the parties’ incomes, parenting schedule, statutory calculations, and other applicable factors.

Can Child Support Be Modified in Illinois?

Child support may be modified in Illinois under certain circumstances.

Generally, a parent seeking to modify child support may need to establish the applicable statutory basis for modification. A substantial change in circumstances may include changes involving a parent’s income, employment, parenting time, or the needs of the child.

A significant increase or decrease in income may potentially impact an existing child support obligation.

Changes to the parenting schedule may also affect child support, particularly if the number of overnights exercised by either parent changes significantly.

Parents should not assume that an existing child support obligation automatically changes when income or parenting time changes. Unless and until the child support order is modified, the existing court order generally remains in effect.

If you believe your Illinois child support obligation should be increased or decreased, it is important to speak with an experienced Illinois child support attorney regarding your specific circumstances.

What Happens if a Parent Is Unemployed or Underemployed?

Unemployment does not necessarily mean that a parent’s income will automatically be calculated at $0 for purposes of child support.

Depending upon the facts and circumstances, the Court may consider a parent’s employment history, prior income, qualifications, education, job opportunities, and other relevant factors when determining the appropriate income to use for child support purposes.

Similarly, voluntarily earning less income does not necessarily result in a lower child support obligation.

The issue of potential or imputed income is highly fact-specific and can become a significant issue in Illinois child support litigation.

Can Parents Agree to No Child Support in Illinois?

Parents may reach agreements regarding child support, but an agreement between the parents does not necessarily end the child support analysis.

Child support is intended for the benefit of the child. When parties agree to deviate from the Illinois statutory child support guidelines, the Court may still need to consider the guideline child support amount and the basis for the requested deviation.

For example, parents should not assume that a 50/50 parenting schedule automatically allows them to agree that child support will be $0.

The specific incomes of the parents, the parenting schedule, child-related expenses, and the applicable Illinois child support calculation should be reviewed before finalizing a child support agreement.

Do I Need an Illinois Child Support Attorney?

Every child support case is different.

While an online Illinois child support calculator can be a helpful starting point, it cannot analyze disputed income, self-employment earnings, bonuses, commissions, unemployment, underemployment, imputed income, parenting time disputes, or requests to deviate from the statutory child support guidelines.

An experienced Illinois divorce and family law attorney can review the specific financial and parenting issues involved in your case and determine how Illinois child support laws may apply.

Need More Information About Child Support in Illinois?

If you are filing for divorce in Illinois, establishing child support, seeking to modify child support, or have questions regarding how child support is calculated under the Illinois Income Shares model, contact The Law Office of Tiffany M. Hughes, P.C.

Our practice is solely dedicated to divorce, family, and matrimonial law. We represent clients in Illinois child support matters involving initial child support determinations, child support modifications, shared parenting time calculations, income disputes, self-employment income, unemployment and underemployment issues, and other complex child support matters.

To schedule a confidential consultation with an experienced Illinois divorce and family law attorney, call The Law Office of Tiffany M. Hughes, P.C. at 773-893-0228 or email Tiffany Hughes directly at TiffanyHughes@thugheslaw.com.

About Tiffany M. Hughes, Esq.

Tiffany M. Hughes is the Managing and Founding Partner of The Law Office of Tiffany M. Hughes, P.C. and has dedicated her legal practice exclusively to divorce, family, and matrimonial law.

Ms. Hughes represents clients in all aspects of Illinois family law proceedings, including divorce, child support, allocation of parental responsibilities, parenting time, parentage, financial disputes, litigation, and mediation.

She has been recognized as an Illinois Super Lawyer and has received numerous professional accolades throughout her career.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational and informational purposes only. The information contained in this article is intended to provide general information and a general understanding of Illinois and/or Florida law and is not intended to provide specific legal advice.

Use of this website does not create an attorney-client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The information on this website should not be used as a substitute for legal advice from a licensed Illinois and/or Florida attorney regarding your specific circumstances.

Illinois and Florida law changes frequently, and prior articles may be affected by subsequent statutory amendments, court decisions, or other changes in the law. You should not draw legal conclusions regarding your specific case without consulting with a licensed Illinois attorney.

For questions regarding an Illinois and/or Florida divorce, family, or matrimonial law, contact The Law Office of Tiffany M. Hughes, P.C.