If My Parents Help Support Me, Does That Count as Income?

Understanding Income Calculation in Illinois Divorce Cases 

Divorce can be a financially complex process, and one of the key areas that often generates confusion is the calculation of income for purposes such as child support and spousal maintenance. A question we hear frequently at our firm is: “If my parents help support me—by giving me money, paying bills, or letting me live with them—does that count as income?”

The short answer? It might.

Let’s take a closer look at how income is defined under Illinois law and how financial help from family could impact your divorce proceedings.

Defining “Income” in Illinois Divorce Law

In Illinois, the definition of income for divorce-related matters is broad. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs how courts determine income for child support and maintenance (formerly called alimony). According to the IMDMA, income includes “any form of payment to an individual, regardless of source,” which means:

• Wages, salaries, and bonuses
• Self-employment income
• Commissions and tips
• Investment income
• Rental income
• Gifts and other non-traditional forms of support

750 ILCS 5/505(a)(3).

In other words, the court looks at your total financial situation, not just your paycheck.

So, Does Help from My Parents Count?

It depends on the nature of the assistance. Illinois courts make a distinction between recurring financial support that functions like income and occasional or non-monetary assistance that doesn’t significantly affect your financial independence. In re Marriage of Zechman, 2024 WL 3896473 (Ill.App. 2 Dist.).

Here’s how different types of parental support are generally viewed:

1. Cash Gifts or Regular Payments

If your parents give you money on a regular basis—say, a monthly check to help with your living expenses—courts may consider that a recurring gift, and thus, income.

Why? Because it supplements your ability to meet your basic needs in a way similar to a job. If the money is consistent and reliable, it shows you have access to resources beyond your own earnings, which can affect both how much support you pay and how much you might receive.

2. Paying Your Bills

Let’s say your parents pay your rent, car loan, or utility bills each month. Even if the money never passes through your hands, a court may still treat this as income in-kind—especially if the payments are routine. Vance v. Joyner, 2019 IL App (4th) 190136 (recurring payments from the party’s parents directly to a party’s creditors were considered income for purposes of child support calculations). Illinois courts recognize that when someone else pays your bills, you’re benefiting financially just as if you had more money in your bank account.

3. Living Rent-Free with Parents

Living with your parents without paying rent can also be considered a form of in-kind income. Courts have ruled that the fair market value of your housing benefit (i.e., what it would cost to rent a similar space) may be imputed to you as income. See, e.g., In re Marriage of Rogers, 213 Ill. 2d 129, 136 (2004). However, context matters. If you’re staying with your parents temporarily while getting back on your feet, and there’s no formal arrangement or expectation of permanence, a judge may take a more lenient view.

What Doesn’t Usually Count as Income?

Not all help from family members will be counted as income. For instance:

• One-time gifts (like help with a car down payment or medical bill)
• Irregular or infrequent financial help
• Emotional or logistical support (babysitting, cooking, etc.)

Courts tend to focus on patterns and reliability. If support from your parents is unpredictable or tied to a specific event, it’s less likely to be considered income.

Why This Matters in Divorce Cases

When you’re going through a divorce, both child support and maintenance calculations are heavily based on the income of each party. If a judge determines that your income includes support from your parents, it can have real consequences, such as:

• Increasing the amount of child support you owe
• Reducing the amount of maintenance you receive
• Affecting decisions around custody, especially if financial stability is a factor

On the flip side, if your ex-spouse is receiving significant help from their family and not reporting it, you may be able to present that information to the court to ensure a fair outcome.

What You Can Do

If you’re receiving help from your parents, or you believe your spouse is, transparency is crucial. Work with an experienced family law attorney who understands how Illinois courts treat financial support from third parties. An attorney can help you:

• Properly disclose all sources of income
• Argue why certain types of support shouldn’t be considered income
• Seek discovery if you believe your ex is hiding income from family assistance
• Advocate for a fair and accurate financial picture during settlement or trial

Final Thoughts

Family support is a lifeline for many people during divorce. Whether it’s a place to stay or help covering bills, it’s natural to lean on your loved ones. But when that support starts to resemble regular income, it could factor into the court’s calculations—sometimes in ways you may not expect.

The best way to protect your financial interests is to understand how Illinois law treats all forms of income—and to get legal advice tailored to your unique situation. If you have questions about income, support obligations, or any aspect of your divorce case, we’re here to help. Contact O. Long Law, LLC today for a consultation.