Category: Order of Protection
7.17.25
Category: Child Support
Written by Jessica Mansbacher Kibbe on 11.11.25
When Illinois parents share equal parenting time, does either parent still have to pay child support? In Illinois, the answer is often yes. Even when both parents spend an equal amount of time with their children, child support can still be ordered. That is because the Illinois Marriage and Dissolution of Marriage Act (IMDMA) looks beyond the parenting time schedule to consider both parents’ incomes when calculating child support.
Child support in Illinois is governed primarily by Section 505 of the IMDMA (750 ILCS 5/505). The law directs courts to calculate child support based on the ‘income shares’ model, which takes into account both parents’ incomes. Under this model, the state assumes that children should receive the same proportion of parental income that they would have if their parents still lived together. The Illinois Department of Healthcare and Family Services (HFS) publishes income shares guidelines, or tables showing the basic child support obligation based on combined parental income and the number of children the parents share.
This total amount represents what both parents, together, are expected to contribute toward the child’s expenses. Each parent’s share of that total is determined by their proportion of the combined household income. Then, the lower-earning typically receives support payments from the other.
Before getting into how 50/50 cases are treated, it is helpful to understand a key terminology shift in Illinois law. As of 2016, the IMDMA no longer uses the term “custody.” Instead, it now refers to “parenting time” and “parental responsibilities.” Parenting time refers to when each parent has physical care of the child, which in the legal context, is expressed in terms of overnights per year. Parental responsibilities refer to a parent’s major decision-making powers over the child’s education, healthcare, religion, and extracurricular activities.
The concept of shared parenting is specifically defined in the IMDMA at 750 ILCS 5/505(a)(3.8). A shared parenting situation occurs when each parent has the child for at least 146 overnights per year. This threshold matters because when both parents meet the 146-night requirement, the state applies a different child support calculation formula—one designed to reflect that both parents incur significant expenses while the child is in their care.
Even when parents have precisely equal time, support is rarely eliminated altogether. Instead, the parent with the higher income will generally still owe child support to the other parent, but the amount will be lower than in a traditional case.
We start by adding up both parents’ net incomes, which generally means gross income minus taxes and other deductions.
Example:
The Illinois Department of Healthcare and Family Services publishes a table showing the basic child support obligation based on the combined monthly net income of the parents and number of children they share. For one child at $10,000 monthly income, the basic obligation is $1,674.
Each parent’s share is proportional to their share of the income:
When shared parenting applies, the total basic obligation is multiplied by 1.5 to account for the duplication of household expenses across two homes. In our example:
$1,674 × 1.5 = $2,511 total shared parenting obligation.
Next, each parent’s portion is adjusted by the percentage of time the child spends with each. In a true 50/50 arrangement, each parent has the child 50% of the time. In that case, each is responsible for half of their portion, and we divide each by 2.
Each parent’s support responsibility is offset against the other’s, and the higher-earning parent typically pays the difference.
Continuing the example:
This simplified example illustrates that even with equal parenting time, child support is still required under the statute in order to ensure the child has sufficient financial resources available for their care.
Section 505 of the IMDMA also outlines how the costs of a child’s medical insurance premiums will be allocated between the parents. (750 ILC 5/505(a)(4)). This essential expense can be added onto the basic child support obligation. The statute calls for the actual amount of the health insurance premium that is attributable to the child to be allocated between the parents in proportion to their respective incomes.
So, per the example above, If Parent B pays $100 per month to insure the child, then Parent A would pay $60 per month to cover their portion of the premium on top of the $251.10 owed to cover their basic child support obligation, for a total of $311.10 to be paid from A to B monthly.
Conversely, if Parent A pays $100 per month to insure the child, then Parent B’s $40 obligation for health insurance would be deducted from Parent A’s basic child support obligation, for a total of $210.10 to be paid from A to B monthly.
Although the guidelines outlined in the IMDMA are mandatory starting points, Illinois courts retain discretion to deviate from them. The court can deviate upward or downward when applying the guideline formula would be “inequitable, unjust, or inappropriate” under the circumstances. See 750 ILCS 5/505(a)(3.4).
Courts can consider factors such as:
If a court deviates from the guideline amount, it must make specific written findings explaining the reasons for doing so.
Many parents assume that a 50/50 parenting schedule automatically eliminates the obligation to pay child support, but Illinois law does not work that way. The key is the income disparity of the parents. If one parent earns significantly more than the other, the higher-earning parent will likely owe child support, even with equal parenting time.
If you are considering a 50/50 parenting arrangement and you have questions about the amount of child support you or your co-parent may owe, consult with a family law attorney in Chicago as soon as possible. An Illinois child support lawyer from O. Long Law, LLC, can help you calculate support, anticipate potential disputes, and achieve a child support order that is fair and provides for the best interests of your child. Call or email us today to schedule your initial consultation.
Category: Order of Protection
7.17.25