Child Support: The Basics

750 ILCS 5/505 sets out ‘guideline’ child support in Illinois.

That statute considers both parents’ incomes, the number of children, and the amount of overnights each parent has.

Generally, the parent with the majority of the parenting time (more than 50%), will be entitled to child support from the non-majority parent.

Parents curious about how much child support might be can utilize the following link for a free calculator.

https://hfs.illinois.gov/childsupport/parents/childsupportestimator.html

Additionally, where one parent is either unemployed or voluntarily underemployed, 750 ILCS 5/505 (3.2a) allows the Court to determine a parent’s potential income and calculate support off of that.

While many litigants believe that they can avoid support altogether if they agree to a 50/50 shared parenting schedule (where each parent has equal time), this isn’t always the case.  Even with a shared parenting schedule one parent may still have to provide child support to the other if there is a great enough disparity in their incomes.

Still, the idea is sound that – the closer to 50/50 parenting time, the less support will be owed.  The legislature assumes that the more time you have with your children, the more you’ll be spending on them day-to-day.

The threshold number of overnights to qualify for a reduction in child support is 146.  This roughly 3 out of every 7 overnights.  A parent who enjoys parenting time on an ‘every other weekend’ schedule likely won’t reach this number.

Another interesting wrinkle parents should be aware of is that courts in Illinois presume that the application of the support guidelines is in the minor children’s best interests.  This means that even if parents agree on a number for child support, the court may not go along and still has the power to enforce the statutorily required amount.

That being said, 750 ILCS 5/505(3.4) does allow the court to deviate from the guidelines in limited circumstances:

 (3.4) Deviation factors. In any action to establish

or modify child support, whether pursuant to a temporary or final administrative or court order, the child support guidelines shall be used as a rebuttable presumption for the establishment or modification of the amount of child support. The court may deviate from the child support guidelines if the application would be inequitable, unjust, or inappropriate. Any deviation from the guidelines shall be accompanied by written findings by the court specifying the reasons for the deviation and the presumed amount under the child support guidelines without a deviation. These reasons may include:

            (A) extraordinary medical expenditures necessary

to preserve the life or health of a party or a child of either or both of the parties;

            (B) additional expenses incurred for a child

subject to the child support order who has special medical, physical, or developmental needs; and

            (C) any other factor the court determines should

be applied upon a finding that the application of the child support guidelines would be inappropriate, after considering the best interest of the child.

In practice, most courts are reluctant to deviate from the guidelines in all but the most compelling circumstances.

In addition to child support, 750 ILCS 5/505 (3.6), (3.7), and (4) allows for the court to set contribution to certain ‘child-related expenses.’  These generally include healthcare not provided for by insurance, educational and extracurricular activities and daycare expenses.

Support payments can be made directly to the other parent or through the State Disbursement Unit at P.O. Box 5400, Carol Stream, IL 60197 – an agency established to administer and enforce child support payments.  

Parties to a child support proceeding would be wise to consult with an experienced family law attorney when dealing with issues related to child support as any mistake in the math will revisit you each pay period for years on end.  An experienced family law attorney can pay for themselves multiple times over.

A final point to remember is that child support is always subject to modification based on a substantial change in circumstances (usually related to a change in income of either parent).

What’s provided in this article is a very board overview of the basics of Illinois child support.  The governing statute is both lengthy and complex.  Call us for a free assessment of your legal needs.