Determining Child Support
in Illinois

Divorce or separation is one of the toughest things a family can go through, especially when kids are involved. Parents want to do what’s best for their children, but it’s not always clear what that looks like when it comes to child support. It’s easy to assume the process will be straightforward, but the truth is, it’s far from simple. What expenses are covered? How do you figure out who pays what? And how do you ensure your child’s needs are met amid all this change? Navigating the maze of laws and guidelines around child support can feel like an uphill battle, especially when emotions are running high. This guide will outline some of the most pressing questions about child support, offering a closer look at the factors involved and the steps required to navigate this critical and often complex process.

What Does Child Support Cover?

Child support in Illinois is intended to address a child’s basic needs, including:

• Food and Nutrition: Ensuring children have access to healthy meals and snacks.
• Clothing: Providing appropriate seasonal and school clothing.
• Housing: Contributing to rent, mortgage payments, and utility bills to ensure stable living arrangements.
• Healthcare: Covering health insurance premiums, and medical or dental expenses.
• Education: Including tuition (for public or private schools) and school supplies.

These categories represent the foundational needs for a child’s well-being. However, depending on the family’s circumstances, the court may consider additional expenses to meet the child’s needs.

What Child Support Does Not Cover

While child support covers many essential expenses, it does not include everything. For example:

• Extracurricular Activities: Sports, arts, and other enrichment programs are often considered outside the scope of basic support.
• College Costs: Child support typically ends before college tuition becomes a factor unless explicitly addressed by the court.
• Luxury Items: High-end electronics, designer clothing, and non-essential purchases are not covered.

Disputes often arise over what constitutes a necessary expense versus an “extra.” These disputes can add additional layers of complexity to child support cases.

How Is Child Support Calculated in Illinois?

Illinois uses an income shares model to calculate child support. This model accounts for both parents’ financial contributions and allocates a proportion of their combined income toward the child’s needs. While the concept may sound simple, the calculation process can be incredibly complex. Let’s break it down:

1. Determining Net Income: Gross income is adjusted for taxes, health insurance premiums, and other mandatory deductions. However, disputes often arise over what qualifies as "income." For example:

• Bonuses and commissions might vary significantly from year to year.
• Self-employment income requires detailed documentation of profits and losses.
• Certain benefits, such as housing stipends or company cars, can be included in the calculation.

2. Applying the Income Shares Schedule: Illinois provides a comprehensive schedule that dictates the total child support obligation based on the combined net income of both parents and the number of children involved. For example:

• If the combined net income is $100,000 annually and there are two children, the schedule might indicate a total obligation of $20,000 per year.
• This amount is then divided proportionally between the parents based on their respective contributions to the combined income. If Parent A earns 60% of the income, they’ll be responsible for 60% of the $20,000, or $12,000 annually.

3. Factoring in Parenting Time: Shared custody arrangements further complicate the calculation. Parenting time adjustments depend on the percentage of time the child spends with each parent. For instance:

• If Parent A has the child 40% of the time and Parent B has 60%, the obligation might be reduced for Parent A to account for their direct expenses during parenting time.
• Accurately calculating these percentages requires detailed documentation of schedules, including overnights, holidays, and special occasions.
• 146-Overnight Rule: If each parent has the child for 146 or more overnights per year, the basic child support obligation is multiplied by 1.5 to account for shared care. For instance, if the base support obligation is $20,000 annually, it would increase to $30,000, reflecting the additional costs associated with maintaining two households where the child resides.

4. Adjustments for Extraordinary Expenses: The court can adjust the standard calculation to account for specific needs, such as:

• Private school tuition if it aligns with the family’s prior lifestyle.
• Ongoing medical treatments for a child with special needs.

5. Handling Fluctuating Income: For parents with variable income, such as freelancers or commission-based workers, determining an accurate and fair child support amount requires:

• Reviewing several years of income history to establish an average.
• Addressing potential future fluctuations through periodic reviews or adjustments.

Child support in Illinois is far from simple. These examples illustrate that even what might seem like a simple calculation can involve multiple layers of decision-making and analysis. For instance, determining net income often requires digging into the details of various income sources, like bonuses, freelance earnings, or even self-employment revenue, each of which comes with its unique challenges. Parenting time calculations add another level of complexity, as parents must meticulously document overnights, holidays, and shared responsibilities to ensure accurate adjustments. When extraordinary expenses such as private schooling, specialized healthcare, or therapy arise, they require further scrutiny to determine how they fit within the broader financial picture. Every element of the process requires careful attention to detail to ensure that the child support arrangement is equitable, addresses the child’s needs comprehensively, and reflects both parents’ financial realities.

Understanding these complexities is the first step toward protecting your child’s future. At O. Long Law LLC, we’re here to help you untangle the intricacies of child support and work toward a resolution that serves your family’s best interests. Contact us today to schedule a consultation and take the first step toward clarity and confidence.