When parents disagree about child support, the dispute is not always about whether financial support should be provided. More often, the disagreement is about the numbers behind the obligation. What income should be included? How does the parenting schedule affect support? Who is responsible for childcare, medical costs, and other expenses? What happens if one parent’s financial situation changes?
Illinois law provides guidelines for answering these questions, but applying those guidelines to a family’s actual finances can require a closer look.
Keller Legal Services represents parents in Downers Grove and throughout DuPage County in child support matters. Whether you are establishing support for the first time, questioning a proposed calculation, seeking to change an existing order, or dealing with unpaid support, our attorneys can help you understand your rights and the legal options available.
Illinois uses an Income Shares model that considers the income of both parents.
Under 750 ILCS 5/505, the calculation generally begins by determining each parent’s monthly net income. The parents’ net incomes are combined, the basic child support obligation is determined, and responsibility is allocated according to each parent’s percentage share of the combined income.
This means child support is no longer calculated simply by applying a fixed percentage to the income of the parent paying support.
A simplified calculation may look straightforward, but disagreements can arise over the information being entered into it.
Before focusing on the final child support number, parents should make sure the income figures used to reach it are accurate.
For someone receiving a regular salary, that may be relatively straightforward. Other situations can require additional financial analysis.
For example, a parent’s compensation might include:
Illinois broadly defines gross income as income from all sources, subject to statutory exclusions. Section 505 then provides the rules used to determine net income for purposes of calculating support.
That can make tax returns, pay records, W-2s, 1099s, business records, and other financial documentation important when the parties disagree about the appropriate income figure.
Keller Legal Services provides a more detailed explanation of how child support works in Illinois.
Variable compensation can make support more difficult to evaluate.
A salesperson may earn substantial commissions during certain months and considerably less during others. Another parent may receive a large year-end bonus. A self-employed person’s monthly income may fluctuate with the business.
In those circumstances, looking only at the most recent paycheck may provide an incomplete picture.
Reviewing income over a longer period can help determine whether a proposed calculation reasonably reflects the parent’s actual financial circumstances.
A parent cannot necessarily reduce a support obligation simply by voluntarily reducing income.
Illinois law permits courts to consider potential income when a parent is voluntarily unemployed or underemployed and the statutory requirements are satisfied. Section 505 identifies factors that may be considered, including the parent’s employment history, occupational qualifications, prevailing earnings in the community, and the availability of employment.
The statute also requires an evidentiary hearing or agreement of the parties before income is imputed and requires specific findings supporting the determination.
This distinction matters because not every reduction in income is voluntary.
A layoff, medical issue, legitimate career transition, or decline in available work may present a very different situation from intentionally leaving employment or taking substantially lower-paying work for the purpose of affecting support.
It can.
Illinois applies a shared physical care calculation when each parent has 146 or more overnights with the child during the year.
Under Section 505, the basic child support obligation is multiplied by 1.5 in shared-care cases. Each parent’s obligation is then determined using that parent’s percentage of combined net income and the percentage of time the child spends with the other parent.
This is why a substantial parenting schedule can affect the amount of support.
However, 50/50 parenting time does not necessarily mean neither parent will pay child support. If the parents have significantly different incomes, the formula may still result in a payment from one parent to the other.
Questions about establishing or changing the schedule itself involve separate considerations. Keller Legal Services provides additional information about Illinois parenting time and the allocation of parental responsibilities.
The basic support obligation is only one part of the financial arrangement parents may need to address.
A child can have substantial recurring expenses that are handled separately.
Illinois law allows courts to allocate reasonable childcare expenses associated with a parent’s employment, certain educational or vocational programs, and job searches.
Qualifying expenses can include daycare as well as before-and-after-school care and camps during periods when school is not in session. Section 505 generally allocates these expenses according to the parents’ respective shares of combined net income.
This can be especially important when childcare represents a substantial monthly expense.
The children’s health insurance coverage and healthcare costs may also need to be addressed.
Parents should understand who will maintain insurance and how expenses not covered by insurance will be allocated rather than assuming those costs are necessarily included in the base support payment.
Illinois law also gives courts discretion to allocate reasonable school and extracurricular expenses intended to enhance a child’s educational, athletic, social, or cultural development.
For some families these expenses are modest. For others, sports, activities, camps, lessons, or school-related costs can represent a significant part of the children’s annual expenses.
Addressing these issues when support is established can reduce uncertainty later.
Child support can arise in several different types of family law proceedings.
For married parents, support is often determined as part of a divorce along with property, maintenance, parenting time, and parental responsibilities. Keller Legal Services represents clients facing these interconnected issues through its broader divorce and family law representation.
For unmarried parents, legal parentage may first need to be established.
Once parentage has been established when necessary, child support and the parents’ respective rights and responsibilities can be addressed. Keller’s discussion of paternity and parentage matters provides additional information about that process.
The child support rules themselves apply regardless of whether the parents were married to one another.
A proposed child support amount may appear reasonable at first glance. Before agreeing to it, however, it can be useful to work backward through the calculation.
Consider these questions:
Are both parents’ income figures accurate?
Determine whether the calculation properly accounts for relevant compensation rather than relying on incomplete or outdated income information.
Does the parenting schedule match what is actually happening?
If shared physical care applies, the number of overnights can materially affect the calculation.
Have childcare costs been addressed?
Determine whether daycare, before-and-after-school programs, or other qualifying childcare expenses need to be allocated.
What happens with healthcare expenses?
The order should address insurance and responsibility for appropriate medical expenses.
Are there significant recurring expenses outside basic support?
School and extracurricular costs may warrant consideration depending on the circumstances.
Is the proposed order clear?
Parents should understand not only how much support is due, but also when payments begin and how other financial obligations will be handled.
Resolving ambiguity at the beginning can be preferable to litigating what an order means later.
A support order is based on circumstances existing at a particular point in time. Families’ circumstances do not remain static.
Illinois therefore permits child support modification when the legal requirements are satisfied.
Under 750 ILCS 5/510, child support may generally be modified upon a substantial change in circumstances. Illinois law also provides additional bases for modification in certain situations.
A parent may have reason to evaluate an existing order after:
The existence of a change does not necessarily mean the court will modify support. The circumstances and applicable law still need to be evaluated.
Parents considering an adjustment can find additional information about modifying an Illinois child support order.
One practical mistake is waiting too long after circumstances change.
If a parent loses a job, for example, that does not automatically reduce the amount required by the existing court order. Even if both parents informally agree to a temporary reduction, the court order remains significant.
Section 510 generally restricts modification to installments accruing after due notice of the filing of the motion seeking modification.
If you believe an existing obligation has become unsustainable because of a significant financial change, addressing the situation promptly may help prevent the problem from becoming larger.
A valid support order creates obligations that cannot simply be ignored.
If payments have stopped or become inconsistent, the parent receiving support may need to pursue enforcement. Before doing so, it can be important to determine the actual amount owed and review the payment history carefully.
Conversely, someone accused of owing support should not assume the amount claimed is necessarily correct. Payment records and the language of the existing order may need to be reviewed.
Keller Legal Services addresses these issues in greater depth on its page concerning child support enforcement and unpaid support.
If the disagreement extends beyond child support to other provisions of an existing judgment, post-decree enforcement and modification may also be relevant.
Parents in Downers Grove may encounter child support at very different stages of their lives.
Some are separating and determining support for the first time. Others have been co-parenting for years before a change in employment, parenting time, or the children’s needs raises new questions. Still others have a court order that is simply not being followed.
Keller Legal Services represents parents in Downers Grove and throughout DuPage County in these situations.
Our attorneys can help evaluate the financial information being used, explain the Illinois guidelines, identify issues that may affect the appropriate support amount, and address disputes through negotiation or court proceedings when necessary.
Yes. The Illinois guideline calculation creates a rebuttable presumption of the appropriate amount, but a court may deviate when applying the guidelines would be inappropriate after considering the child’s best interests and the statutory factors. If the court deviates, the statute requires findings explaining the guideline amount and the reason for the deviation. 750 ILCS 5/505
The statutory calculation focuses on the parents’ incomes. A remarriage can create financial questions in some cases, but a new spouse does not simply replace a parent’s obligation to support their child.
A significant change in income can be a reason to evaluate whether modification is appropriate. It does not automatically change the existing support order.
Parents may agree that a different arrangement makes sense, but relying solely on an informal agreement can create problems while an existing court order remains in effect. Formal modification may be necessary to change the enforceable obligation.
Not necessarily on the child’s 18th birthday. Under 750 ILCS 5/510, if a child reaches 18 while still attending high school, support generally continues until high school graduation or age 19, whichever occurs first. Illinois law separately addresses certain obligations involving non-minor children.
A child support calculation can look precise while still being based on disputed income, an inaccurate parenting schedule, or an incomplete understanding of the expenses parents will actually need to share.
If you are establishing child support in Downers Grove, reviewing a proposed amount, or dealing with an order that no longer reflects your circumstances, Keller Legal Services can help you determine what the numbers mean before you decide how to proceed.
Call 630-505-1515 or contact Keller Legal Services to schedule a free consultation about your child support matter.
