Can Child Support Be $0 in Illinois?

If you are thinking about divorce in Chicago and you have children, one of your biggest questions might be: “Will my ex have to pay child support?” While Illinois law expects that both parents will contribute financially to their children’s upbringing, there are some situations in which child support may be set at $0. Ultimately, the Court turns to the factors laid out in the Illinois Marriage and Dissolution of Marriage Act (IMDMA) when deciding whether child support is appropriate and how much it should be.

Understanding Child Support in Illinois

In Illinois, child support is governed primarily by the IMDMA (750 ILCS 5/505). This statute lays out the formula courts use to determine guideline child support payments. Since 2017. Illinois has used an income shares model to calculate child support.

Under this model, the total support obligation is based on both parents’ combined income and the number of children they share. Then, each parent is assigned a percentage of the obligation, based on their share of the total income.

The Court will also consider the number of children and the allocation of parenting time – or how many overnights each parent has with the kids each year.

When Can Child Support Be $0 in Illinois?

Although the default expectation is that at least one parent will owe some form of financial support, there are limited circumstances under which a court might approve a $0 support order, including:

1. The Paying Parent Has No Income or Resources

If one parent has no job, no income, and no assets, the court might find that they are genuinely unable to pay support. Examples include:

• A parent who is incarcerated
• Someone who is disabled and receiving no income

2. Equal Parenting Time and Equal Income

Another situation where child support might be $0 is when both parents:

• Have equal parenting time and
• Earn approximately the same amount of income

In this scenario, the support each parent would owe under the income shares formula might effectively cancel out the other’s obligation.

3. The Parents Agree to $0 Child Support

Sometimes divorcing parents agree between themselves that neither will pay child support. This might happen if:

• They equally share parenting time and expenses
• They want to minimize conflict
• They are both financially stable and committed to co-parenting cooperatively

Courts may approve such an agreement—but only if it serves the best interests of the child. Judges are not required to accept it and will review whether the child’s needs are being met. If not, the court can reject the $0 agreement and impose a support order.

4. Court Deviation from Guidelines for Good Cause

Section 505 of the IMDMA allows the Court to deviate from guideline child support amounts if the guideline result would be “inequitable, unjust, or inappropriate.”

Reasons for deviation might include:

• A child receiving financial support from other sources (e.g., a trust or inheritance)
• Extraordinary medical expenses required for the child or either of the parents

While courts have broad discretion here, their decision will always prioritize the minor child’s best interests.

To deviate from the guidelines, the court must make written findings showing:

• The reasons for the deviation
• Guideline amount if there was no deviation

If the Court fails to include written findings upon a deviation from child support guidelines, their Judgment can be appealed and reversed.

Monsen v. Monsen, 2024 IL App (1st) 231011-U, ¶ 11

In the case of Monsen v. Monsen, the Court set child support at $0 because the parents earned roughly the same income, and had equal, 50/50 parenting time. This was a deviation from guideline support, however, and the Court was supposed to include written findings in its judgment, specifying the reasons for the deviation and what the guideline support amount would have been. The Court did not do this, and as a result, the appellate court vacated the child support Order and and sent the matter back to the lower court.

Under the Marriage and Dissolution of Marriage Act, the trial court is required to “determine child support in each case by applying the child support guidelines unless the court makes a finding that application of the guidelines would be inappropriate.” 750 ILCS 5/505(a)(2) (West 2022). Moreover, “[a]ny deviation from the guidelines shall be accompanied by written findings by the court specifying the reasons for the deviation and the presumed amount under the child support guidelines without a deviation (emphasis added).” 750 ILCS 5/505(a)(3.4) (West 2022); see also Vance v. Joyner, 2019 IL App (4th) 190136, ¶ 56.

Monsen v. Monsen, 2024 IL App (1st) 231011-U, ¶ 11

Child Support Can Be Modified

Even if a $0 child support order is entered, that does not mean it is permanent. Circumstances change. A parent who is currently unemployed may later find work. Parenting time might shift. And either parent can request a modification of support if they can show that there has been a substantial change in circumstances (750 ILCS 5/510).

A Chicago Child Support Lawyer Can Help

While child support is a key part of many divorce proceedings in Illinois, it is not guaranteed that one parent will owe money. If both parents are on equal footing financially and share parenting responsibilities, or if one parent is truly unable to pay, a $0 support order is possible.

If you are considering divorce in Chicago and you are wondering if child support will be ordered in your case, speak with a family law attorney who understands how the Court handles these situations. The experienced family lawyers at O. Long Law, LLC, can help you ensure that the best interests of your children are protected, and that their future is secure. Call or email us today to schedule a consultation with one of our attorneys.