Child Support in Illinois

How is child support calculated in Illinois? 

Child Support is an ongoing financial obligation paid by the residential parent to the non-residential parent to assist with the expenses related to raising a child.

Every legal parent is responsible for the financial support of their children. Therefore, this law applies to parents who are divorcing, who were never married, or who have legally adopted children.

There are several factors that are considered when determining the appropriate child support amount: 

1)        Income: The income of both parents is considered. This includes income from almost all sources, including any bonuses and commissions.

2)        Number of Children: The more children, the higher the support that will be ordered.

3)        Health care: Costs related to medical insurance coverage for the children is factored into the calculation 

4)        Parenting Time: The amount of parenting time that each parent has can affect the amount of child support.

5)        Special Needs: If a child has a disability or special needs, additional support may be factored into the support calculation

How is child support calculated if I have no income?

Even if you are unemployed and have no income, a Judge can order that you have to pay child support. If a Judge believes you are voluntarily unemployed or underemployed, they may calculate child support for you based on an imputed income. This income would be based on your employment history, age, phsyical health, and current job opportunities in your field. If there is not an employment history, the Judge may impute your income at minimum wage.

Does the court always follow the formula for child support?

A judge may order a deviation from the guideline child support if they deem guideline child support would not be appropriate given the child’s or the parent’s financial circumstances. For example, if a child has special needs, a judge may order an upward deviation of child support to address those needs of the child.

What does child support cover? 

Child support covers the child’s necessities so that a child’s daily needs are addressed. This includes groceries, housing, clothing, toys, school supplies and everyday living expenses. However, child support does not cover things such as extracurricular activities, uncovered medical expenses, educational expenses and child care expenses. These expenses will usually be split between the parties, proportionately to their income.

Is paying child support optional? 

No, paying child support is mandatory. Failure to pay child support could result in a Judge finding you in contempt of court. If you are found in contempt court, the court can fine you, suspend your driver’s license, garnish your tax refund and even put you in jail.

Can I change my child support obligation?
If there is a substantial change in circumstances, you can request a modification of child support. A substantial change in circumstances could be a significant change to either party’s income or a change to the parenting time schedule. The change to financial circumstances cannot be voluntary. For example, you cannot choose to quit your high-paying job and ask to modify child support because you are no longer receiving that income.

When does your child support obligation end? 

A child support obligation ends when the child emancipates. Usually, emancipation occurs when:

1) The child turns 18 OR 

2) If the child is still in high school, when the child graduates high school or turns 19 (whichever happens first). 

However, please be advised that parents are still responsible for the college educational expenses. Please see our blog post on college expenses here: College Expenses in Divorce Additionally, it is also possible to obtain support for an adult child with a disability.