Parents frequently ask what child expenses are not covered by child support in Illinois. Illinois child support is generally calculated under the Income Shares model, but the basic child support obligation does not necessarily resolve every child-related expense that may arise after a divorce, parentage case, legal separation, or allocation of parental responsibilities proceeding.
Additional child expenses may include health insurance premiums, uninsured medical expenses, childcare, school and educational expenses, extracurricular activities, summer camp, transportation-related costs, special needs expenses, and college expenses. Whether an expense is included in a child support calculation, separately allocated between the parents, or addressed in a parenting plan, Marital Settlement Agreement, Allocation Judgment, or court order depends upon the particular expense and the facts of the case.
These issues can arise when establishing child support, negotiating child expenses during an Illinois divorce, modifying child support, enforcing support, or addressing post-decree disputes concerning unpaid expenses. Parents may also disagree about whether an expense was agreed upon, whether advance consent was required, whether the expense was reasonable, or how the expense should be divided.
This article explains how child support is calculated in Illinois, common child expenses that may be addressed separately from the basic child support obligation, how parents may divide additional child-related expenses, and what may happen when a parent refuses to pay court-ordered child expenses.
How Is Child Support Calculated in Illinois?
Illinois generally uses an Income Shares model to calculate child support. The model considers the income of both parents and is designed to estimate the amount that would have been allocated to the child if the parents and child were living in an intact household.
An Illinois child support calculation requires analysis of each parent’s income and the applicable statutory adjustments. The parents’ combined net income is used with the applicable child support schedule to determine the basic child support obligation. Each parent’s share is then considered based upon the applicable calculation.
Parenting time can also affect the calculation. When each parent exercises at least 146 overnights per year, the shared physical care formula may apply. The number of overnights should therefore be accurately evaluated when running an Illinois child support calculation.
Health insurance premiums attributable to the child, work-related or education-related childcare expenses, and certain other child-related costs may also be addressed under Illinois law. Because income, deductions, parenting time, and additional expenses can affect the analysis, an Illinois child support attorney can review the specific facts and run the applicable calculations.
What Is the Illinois Income Shares Model for Child Support?
Under the Illinois Income Shares model, child support is not calculated solely as a percentage of the paying parent’s income. Instead, the incomes of both parents are considered.
The process generally involves determining the parents’ net incomes under Illinois child support law, combining those net incomes, referencing the applicable schedule of basic child support obligations, and determining each parent’s proportionate share.
Income disputes can complicate the calculation. Issues may involve wages, bonuses, commissions, business income, investment income, executive compensation, or allegations that a parent is voluntarily unemployed or underemployed. In some cases, income imputation may become a contested issue.
Child support calculations are fact-specific. A prior child support order also does not automatically change simply because a parent’s income or parenting schedule changes. A child support modification generally requires appropriate legal action and satisfaction of the applicable statutory requirements.
What Child Expenses May Be Addressed Separately From Basic Child Support in Illinois?
The following child-related expenses may need to be separately analyzed, allocated, negotiated, or addressed by court order in an Illinois divorce or family law case:
1. Health Insurance Premiums for the Children
The cost of health insurance attributable to the children may be addressed in connection with child support. The order or settlement documents should clearly identify who maintains coverage and how the child’s portion of the premium is treated.
2. Uninsured and Out-of-Pocket Medical Expenses
Co-pays, deductibles, prescriptions, dental expenses, vision expenses, therapy, and other healthcare costs not paid by insurance may be allocated between the parents. The judgment or parenting documents should address the percentage allocation and the procedure for providing bills, proof of payment, and reimbursement requests.
3. Childcare and Daycare Expenses
Reasonable childcare expenses necessary to enable a parent to work, seek employment, or attend an educational program may be addressed separately. These expenses may include daycare, before-school care, after-school care, and other qualifying childcare costs depending upon the facts.
4. Private School Tuition and Educational Expenses
Private school tuition, school fees, tutoring, school supplies, field trips, educational programs, and other educational expenses may create separate disputes. Whether and how parents contribute can depend upon the child’s history, the parents’ financial circumstances, agreements, and court orders.
5. Extracurricular Activity Expenses
Sports, music lessons, dance, clubs, registration fees, uniforms, equipment, tournaments, and other extracurricular costs may not be fully resolved by the basic child support amount. Parenting plans and settlement agreements often address consent, historical activities, cost limits, and each parent’s percentage contribution.
6. Summer Camp and Organized Child Programs
Summer camp and other organized programs may overlap with childcare, extracurricular, or educational expenses. The purpose of the program, the parents’ agreement, and the governing order may affect how the cost is addressed.
7. Transportation and Travel Expenses
Transportation costs associated with parenting time, relocation, long-distance parenting schedules, school, or activities may need separate treatment. These issues can become particularly important in interstate parenting cases or relocation and move-away cases.
8. Special Needs Child Expenses
A child with medical, developmental, therapeutic, educational, or other special needs may have expenses that exceed ordinary child-related costs. Special needs child support cases may require careful consideration of therapies, equipment, specialized education, insurance coverage, benefits, and the child’s ongoing needs.
9. College and Non-Minor Educational Expenses
College expense contribution is generally a separate Illinois family law issue from ordinary child support for a minor child. Potential expenses may include tuition, fees, housing, meal plans, books, supplies, transportation, and other qualified educational costs, subject to Illinois law and the facts of the case.
Are Uninsured Medical Expenses Included in Illinois Child Support?
Parents often assume that a monthly child support payment automatically covers every medical expense for the child. That is not necessarily how an Illinois child support order is structured.
An order may separately allocate uninsured medical, dental, vision, prescription, therapy, or other healthcare expenses between the parents. The allocation may be based upon the terms of an agreement or court order and the applicable law.
Disputes frequently arise because one parent did not provide the bill, proof of payment, insurance explanation of benefits, or reimbursement request within the required time. Other disputes concern whether the treatment was covered by insurance or whether the expense falls within the language of the existing order.
Clear Marital Settlement Agreement, parenting plan, and support language can help establish how reimbursement requests must be exchanged and when payment is due.
Are Extracurricular Activities Covered by Child Support in Illinois?
Extracurricular activity expenses may need to be addressed separately from the basic child support obligation. Common expenses include sports registration, uniforms, equipment, travel teams, dance, music lessons, clubs, and activity-related travel.
Parents may disagree about whether both parents must consent before enrolling a child, whether the child historically participated in the activity, or whether one parent can require the other parent to contribute to an unusually expensive activity.
Parenting plan drafting and Marital Settlement Agreement language can be important. The agreement may address advance notice, mutual consent, continuation of existing activities, scheduling during each parent’s parenting time, transportation, and the allocation of costs.
If an existing judgment already addresses extracurricular expenses, enforcement may depend upon the exact language of the order.
Are Private School Tuition and Educational Expenses Included in Child Support?
Private school tuition and other educational expenses are not necessarily resolved solely through the monthly basic child support payment.
Educational expenses may include tuition, registration fees, school fees, tutoring, educational testing, school supplies, field trips, technology, and other costs. The child’s prior educational history and the parents’ financial circumstances may be relevant depending upon the issue before the Court.
In a negotiated Illinois divorce or parentage case, the parties may address educational expenses in a Marital Settlement Agreement, parenting plan, or other agreed order. The language should identify the expenses covered, each parent’s contribution, and whether mutual agreement is required for future educational decisions.
Disputes regarding school selection may also involve allocation of parental responsibilities for education, which is a separate child-related issue from the allocation of the expense itself.
Are Daycare, Babysitting, or Childcare Expenses Included in Child Support?
Childcare expenses can be a separate component of an Illinois child support case. Work-related or education-related childcare expenses may be allocated in addition to the basic child support obligation.
Not every babysitting expense is automatically treated the same. The reason for the childcare, the existing support order, the parenting schedule, and the specific facts may matter.
Childcare disputes may involve daycare, nannies, babysitters, before-school care, after-school care, or summer programs. The parties should review the language of the current judgment or order before assuming an expense must be reimbursed.
When modifying child support, a material change in childcare costs may also need to be evaluated as part of the overall support analysis.
How Are Special Needs Child Expenses Addressed in Illinois?
Special needs child support and expense issues may require more detailed analysis because a child’s medical, developmental, educational, or therapeutic needs can create substantial ongoing costs.
Expenses may involve therapy, specialized medical treatment, adaptive equipment, educational services, transportation, caregiving, insurance, and other support. The availability of governmental or private benefits may also need to be considered.
Parents should carefully document the child’s needs and actual expenses. Settlement and court-order language should be detailed enough to address recurring expenses, reimbursement procedures, and decision-making when possible.
Special needs issues may also affect parenting plan drafting, allocation of parental responsibilities, and post-decree modification proceedings.
Who Pays for College Expenses After an Illinois Divorce?
College expense contribution is a separate area of Illinois family law involving non-minor educational expenses. Parents frequently ask whether ordinary child support automatically pays for college tuition. College contribution is generally analyzed separately.
Potential college expenses may include tuition, fees, housing, meal plans, books, supplies, transportation, and certain other educational costs. The Court may consider statutory factors and applicable limitations.
College expense disputes can arise before or after a child begins college. Existing Marital Settlement Agreement or Judgment for Dissolution of Marriage language should be reviewed to determine whether the issue was reserved or previously addressed.
Parents should not assume that a prior child support percentage or expense-sharing percentage automatically controls a future college contribution determination.
How Should Parents Divide Additional Child Expenses in an Illinois Divorce?
Additional child expenses may be divided by agreement or court order. Some expenses may be allocated in proportion to the parents’ incomes, while other agreements use a different percentage or assign a particular expense to one parent.
The most effective language identifies the expense category, percentage allocation, whether advance consent is required, how bills and receipts must be exchanged, the time for requesting reimbursement, and the deadline for payment.
Vague provisions such as requiring parents to divide all child expenses can create post-decree litigation because the parties may disagree about what qualifies as a child expense.
Detailed parenting plans, Marital Settlement Agreements, and support provisions can reduce future disputes concerning medical, educational, extracurricular, childcare, and other child-related expenses.
What if the Other Parent Refuses to Pay Child Expenses?
If a parent refuses to pay child-related expenses required by an existing court order, the issue may involve enforcement of support, enforcement of judgments, or contempt proceedings.
Before seeking court relief, the exact language of the judgment or order should be reviewed. It may contain requirements concerning advance consent, notice, documentation, proof of payment, reimbursement requests, or payment deadlines.
A petition for rule to show cause or another enforcement pleading may be considered depending upon the alleged violation and the facts. Attorney’s fees and other relief may also be requested when supported by the applicable law and circumstances.
If the existing order does not address the disputed expense, the issue may instead require negotiation, modification, or other appropriate family law relief rather than enforcement of a nonexistent obligation.
Can Child Expenses Be Modified After an Illinois Divorce?
Post-decree disputes may arise when a child’s expenses, a parent’s income, the parenting schedule, childcare costs, insurance, or other circumstances change.
Child support modification and modification of other child-related financial provisions require review of the existing order and applicable Illinois law. A parent should not simply reduce or stop payments because circumstances have changed.
Modification issues may also intersect with parenting plan modifications, relocation, changes in school, special needs, or changes in employment.
An Illinois family law attorney can review whether the issue involves child support modification, enforcement, contempt, or a request to modify another provision of the judgment.
How Can an Illinois Child Support Attorney Help With Additional Child Expenses?
An Illinois divorce and family law attorney can calculate child support, analyze income, review parenting time and overnights, and identify additional child expenses that may need to be addressed separately.
An attorney can also draft Marital Settlement Agreement, parenting plan, and agreed-order language concerning health insurance, uninsured medical expenses, childcare, private school, educational expenses, extracurricular activities, summer camp, special needs expenses, and college expense contribution.
When disputes arise, an attorney may address financial affidavit and disclosure litigation, income imputation, child support modification, enforcement of support, contempt proceedings, or post-decree modifications.
The objective is to clearly define each parent’s financial responsibilities and reduce future disputes concerning expenses that are not fully resolved by the basic Illinois child support calculation.
Need More Information About Child Support and Additional Child Expenses in Illinois?
If you are establishing child support, modifying child support, negotiating child expenses during an Illinois divorce, or dealing with unpaid medical, educational, extracurricular, childcare, or other child-related expenses, contact The Law Office of Tiffany M. Hughes, P.C.
Our entire practice is solely dedicated to family and matrimonial law. We represent clients in Illinois matters involving family law, divorce, child support, child support modification, parenting time and visitation, allocation of parental responsibilities, parenting plan drafting, special needs child support, college expense contribution, financial affidavit and disclosure litigation, income imputation, enforcement of support, enforcement of judgments, contempt proceedings, post-decree modifications, Marital Settlement Agreements, and other child-related family law disputes.
To schedule a confidential consultation with a licensed 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, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:
Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law Office of Tiffany M. Hughes, P.C. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.
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