Category: Divorce
6.12.25
Category: Divorce
If you are thinking about divorce in Illinois and you share children with your ex, covering child-related expenses is probably at the top of your mind. Illinois law often requires equitable contribution to child-related expenses, including childcare. Whether you are recently divorced, separated, or revisiting a parenting agreement, understanding how Illinois law addresses childcare and other child-related costs is essential to ensuring your child’s needs are met while maintaining fairness between parents.
What Are Child-Related Expenses?
Under Illinois law, child-related expenses go beyond basic child support. While child support covers essential needs like housing, food, and clothing, additional expenses may include:
These costs are often referred to as “add-on expenses” and can significantly impact a family’s financial picture. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) allows courts to allocate these costs in a way that reflects each parent’s financial resources and contributions. See 750 ILCS 505(a)(1.5).
Illinois uses an “income shares” model when calculating child support and allocating additional expenses. This means that each parent’s share of child-related expenses is generally proportional to their share of the combined household income. See 750 ILCS 505(a)(1.5).
For example, if one parent earns 60% of the total household income and the other earns 40%, the child care or medical expenses would typically be divided 60/40 between them. Courts may issue specific orders outlining each parent’s responsibilities, or parents may reach a mutual agreement (often through mediation or collaborative law) that is then formalized in a court-approved parenting plan.
Childcare costs are frequently one of the largest child-related expenses, especially for younger children. Illinois courts take into account the necessity and reasonableness of the child care arrangement. Factors such as the work schedules of each parent, availability of alternative care, and the cost of care in the local area may all influence how these expenses are divided. See 750 ILCS 5/505(a)(3.7)
If both parents work and require child care to maintain employment, it’s typically considered a necessary expense and split accordingly. It’s also important for parents to keep detailed records of child care expenses and receipts, as these may be necessary for reimbursement or court review.
In the case of In re Marriage of Cholach, 2024 WL 637536 (Ill.App. 1 Dist.), the Court addressed whether summer camp and summer activities counted as a part of the required split of childcare expenses. In Cholach, the parties shared an eight-year-old child, and the Husband earned significantly more income than the Wife. The Court entered an order requiring the Husband to pay one-half of all daycare expenses, extracurricular activity expenses, and school fees, as well as two-thirds of the Guardian Ad Litem fees. Along with other motions, the Wife filed a motion seeking a finding of contempt against the Husband for failure to contribute to daycare expenses, extracurricular activity expenses, and school fees. The trial court found that Husband owed $4,909 in unpaid childcare expenses, holding that the costs for summer camp and activities were necessary as childcare for an eight-year-old while Wife worked and Husband was out of town working. Husband failed to pay the above three amounts within the court-ordered time frame and Wife filed another contempt petition. Husband was found in contempt and ordered to pay a purge of $32,409. Husband appealed.
On appeal, the appellate court specifically rejected Husband’s argument that summer camps and activities should not count as daycare expenses per the trial court’s order. Instead, it affirmed the trial court and noted that the trial court specifically stated that said costs were necessary for childcare while both parties worked.
This ruling demonstrates that Illinois Courts consider summer camp and summer extracurricular activities as necessary expenses when both parents work, meaning any order requiring the split of childcare expenses should also apply to childcare expenses incurred during the summer.
Below is a list of best practices for co-parents regarding child-related expenses. Depending on the level of conflict between you and your co-parent, these may not be advisable. Generally, we recommend the following:
At O. Long Law, LLC, we understand the financial and emotional complexities that can come with co-parenting. Our experienced family law attorneys are here to help you develop or modify parenting plans that prioritize your child’s well-being while ensuring a fair and workable financial arrangement. If you have questions about child-related expenses, childcare costs, or any other aspect of family law in Illinois, contact us today to schedule a consultation.