A child support order can affect a family’s finances for many years, which makes getting the details right from the beginning important. The amount of support is certainly part of the equation, but parents also need to consider how income is calculated, how parenting time affects the numbers, who will pay certain child-related expenses, and what happens when financial circumstances change.
Keller Legal Services represents parents in Glen Ellyn and throughout DuPage County in child support matters. We help parents understand how Illinois law applies to their circumstances, identify the financial information that matters, and address disagreements involving the establishment, modification, or enforcement of support.
Whether child support is part of a divorce, a parentage case, or a dispute arising years after an original order was entered, understanding the complete financial picture can help you make informed decisions before an agreement or court order is put in place.
Illinois uses an Income Shares model for calculating child support. Rather than determining support solely from the income of the parent making payments, the calculation considers the income of both parents.
Under 750 ILCS 5/505, the basic calculation involves determining each parent’s monthly net income, combining those amounts, identifying the applicable basic child support obligation for the number of children involved, and determining each parent’s percentage share of that obligation.
The guidelines provide an important starting point, but a support case is not simply a matter of entering two salaries into a calculator.
The accuracy of the information being used matters.
A child support calculation is only as reliable as the financial information behind it.
For parents with traditional salaried employment, determining income may be relatively straightforward. Other compensation arrangements can make the analysis more complicated.
Questions can arise when a parent receives:
Illinois law broadly defines gross income for child support purposes as income from all sources, subject to statutory exclusions. The statute then provides the framework for determining net income used in the support calculation.
This is one reason parents should avoid assuming that a recent paycheck tells the entire story.
Depending on the financial circumstances, relevant records may include recent pay stubs, tax returns, W-2s, 1099s, bonus or commission statements, and documents relating to self-employment or business income.
Looking at a meaningful period of financial history can be particularly useful when income fluctuates.
For example, someone whose compensation depends heavily on commissions may have several strong months followed by significantly lower ones. Using an unusually high or low month in isolation may not provide an accurate picture of that parent’s earnings.
Keller Legal Services discusses the broader Illinois calculation and the financial factors involved on its child support information page.
The parenting schedule can also affect how Illinois calculates support.
If each parent has 146 or more overnights per year with the child, Illinois applies its shared physical care calculation. Under Section 505, the basic child support obligation is multiplied by 1.5 and the resulting obligation is allocated using each parent’s share of combined net income and the percentage of time the child spends with the other parent.
That does not mean parents who divide parenting time approximately equally automatically eliminate child support.
Differences in parental income can still result in one parent having a support obligation even when both parents spend substantial time with their children.
Parents dealing with the schedule itself can find more detailed information about parenting time arrangements and the allocation of parental responsibilities.
Those are separate legal issues, but they can have practical consequences for the child support calculation.
One of the most useful things parents can do when establishing support is look beyond the base monthly payment.
Children have expenses that do not always fit neatly into that number.
Illinois law permits courts to allocate reasonable childcare expenses in addition to the basic support obligation.
Qualifying expenses can include childcare necessary for a parent to work, pursue certain education or vocational training, or search for employment. The statute also specifically addresses before-and-after-school care and camps when school is not in session. These expenses are generally allocated in proportion to each parent’s percentage share of combined net income.
For working parents in Glen Ellyn, this can represent a meaningful portion of the overall financial arrangement.
The court also has discretion to order parents to contribute toward reasonable school and extracurricular expenses intended to enhance a child’s educational, athletic, social, or cultural development.
Depending on the family, that might involve expenses associated with school activities, sports, music, or other programs.
Healthcare and insurance expenses involving the children may need to be addressed as well.
The important point is that a proposed child support arrangement should be evaluated as a whole. Focusing exclusively on the monthly transfer from one parent to the other can leave important expenses unresolved.
Parents do not need to have been married for child support to apply.
An unmarried parent may seek child support once legal parentage has been established when necessary. Parentage can also affect parental responsibilities and parenting time, making it important to determine the appropriate legal status before attempting to resolve the related financial issues.
Parents facing questions about legal parentage can review Keller Legal Services’ information concerning paternity and parentage proceedings.
For married parents who are separating, child support will generally be addressed alongside the other financial and parenting issues involved in the divorce.
Parents often focus on what they believe the final support number should be. A better starting point may be making sure the information necessary to reach that number is complete.
Before establishing support, consider whether you have:
Good documentation can make it easier to identify areas of agreement and focus attention on issues that are genuinely disputed.
A support order may be appropriate when it is entered and become outdated later.
A parent may receive a substantial raise, lose a job, change careers, or experience another meaningful change in income. Childcare expenses can increase or disappear. A parenting arrangement may change significantly as children grow older.
Illinois law allows child support to be modified in appropriate circumstances.
Under 750 ILCS 5/510, child support may generally be modified upon a showing of a substantial change in circumstances. The statute also provides additional grounds for modification in certain situations.
The important question is not simply whether something has changed, but whether the change provides a legal basis for adjusting the existing obligation.
More detailed information about this process is available on Keller’s page covering changes to existing child support orders.
Suppose a parent paying support loses a job.
That parent may believe the obvious solution is to temporarily reduce or stop payments until another job is found. The other parent may even verbally agree.
The problem is that an existing court order does not automatically change because the parents’ circumstances changed.
Section 510 generally provides that support can be modified only as to installments accruing after due notice of the filing of the motion for modification. Waiting to address the problem can therefore have significant financial consequences.
Seeking legal guidance promptly after a substantial financial change can help a parent understand what options are available before arrears accumulate.
Modification and enforcement involve different concerns.
A parent who cannot meet an existing obligation may need to determine whether modification is appropriate. A parent who is supposed to receive support but is not receiving it may instead need to enforce the existing order.
Enforcement disputes can involve questions such as:
Keller Legal Services provides a more focused discussion of enforcing unpaid child support.
When several provisions of an existing family law judgment are disputed, the matter may also involve broader post-decree enforcement or modification issues.
Child support disputes involving Glen Ellyn parents are governed by Illinois law and may proceed through the DuPage County court system.
Some cases begin as part of a divorce. Others involve unmarried parents establishing support after parentage has been determined. Still others arise years later because an existing order no longer reflects the family’s circumstances or one parent is not complying with it.
Keller Legal Services assists parents with each of these situations.
Our attorneys can review the financial information involved, explain how the Illinois guidelines apply, identify issues that may affect the calculation, and help clients pursue an appropriate resolution through agreement or court proceedings when necessary.
Not necessarily. Illinois uses a special shared-care calculation when each parent exercises at least 146 overnights per year, but the parents’ respective incomes remain part of the formula. A substantial difference in income can result in a support obligation even with significant parenting time.
Parents can reach agreements concerning support, but child support is governed by Illinois law and the child’s interests remain important. The statutory guideline amount is presumed appropriate, although courts can approve a deviation when the requirements for doing so are satisfied.
Yes. Illinois law allows courts to address expenses such as qualifying childcare costs and reasonable school and extracurricular expenses in addition to the basic child support obligation.
Do not assume an existing support order has automatically ended because the living arrangement changed. A significant change in parenting circumstances may justify seeking appropriate court relief, but the existing order should be addressed through the proper legal process.
Unless otherwise provided by law, agreement, or the judgment, support generally terminates upon emancipation. If a child reaches 18 while still attending high school, support generally continues until high school graduation or age 19, whichever occurs first. Illinois separately provides for certain support and educational expenses involving non-minor children.
Child support is easier to address when the financial information, parenting schedule, and child-related expenses are understood before an order is entered. If an order already exists, acting promptly when circumstances change can be equally important.
Keller Legal Services represents parents in Glen Ellyn and throughout DuPage County who need to establish child support, challenge an inaccurate calculation, request a modification, or address unpaid support.
Call 630-505-1515 or contact Keller Legal Services to schedule a free consultation and discuss what the Illinois child support rules mean for your family’s circumstances.
