Factors such as the parents’ net incomes and the time each parent has with the children play a role in calculating child support in Illinois. The number of children involved, as well as educational costs and other additional expenses that go beyond basic child support, can play a role, too. Child support amounts in Oakbrook Terrace, IL, are not set in stone and can be modified if the child’s needs or a parent’s life circumstances change.
What Are Illinois Child Support Guidelines?
Overall, the state uses the Income Shares model to calculate child support, although judges may consider a slightly different range of factors in high net worth divorces. The Income Shares model follows the principle that both parents should contribute financially to their children in proportion to their income.
Both parents’ net income and the number of children they have are some variables in the formula. If your situation is complicated, your marital settlement agreement attorney can assess the nuances of your case.
How Is Child Support Calculated in Illinois?
Many people use an Illinois joint custody child support calculator to estimate how much they might be owed or would need to pay. The basic child support obligation covers truly basic living expenses such as food, clothing, and housing (shelter). Child support amounts beyond that may or may not increase to cover costs such as insurance and medical bills, depending on the situation.
Income and Expenses
The basic breakdown for child support is as follows:
- The parents’ gross incomes are calculated and added together. This is income after deductions for taxes, union dues, and other child and spousal support obligations.
- The resulting amount is used to determine the basic child support obligation according to the schedule of basic child support obligations. This table considers how many children the couple has together.
- The basic child support obligation is based on the money the parents would have provided to raise the child if they had remained together.
- Allocations are determined based on each parent’s percentage of the income. A parent who earns 60% of the combined income would receive 60% of the obligation, for example.
- The “custodial parent” is the one who has the child the majority of the time. The other parent typically pays his or her obligation to the custodial parent.
- For example, if Parent A is the custodial parent and has 55% of the child support obligation, the noncustodial Parent B pays 45% of the obligation to Parent A.
The situation can get more nuanced if children spend equal or almost equal amounts of time with both parents (at least 40% with each parent). Medical expenses, educational costs, child care, and other factors come into play, too.
What Other Factors Impact Child Support?
Common factors affecting child support include:
- Child care expenses
- Health care costs
- Disabilities (of the child or either parent)
- Educational expenses
- Tax implications
- Significant income disparities between parents
- Support obligations for other children or former spouses
- Existing child support obligations to other parents (may reduce current obligation)
In contested divorces where support is an area of contention, the judge determines the amount. The uncontested divorce requirements in Illinois leave room for parents to craft a child support plan that works for them. In many cases, especially in uncontested divorces, the parents agree on the child support amount between themselves, and a judge approves it.
Judges check that the plans are reasonably fair and in the best interests of the children. For example, the court might not approve a plan in which one parent seems to be paying below the required minimum unless a good reason exists for it.
In some cases, one parent is voluntarily unemployed or underemployed. The court may estimate income based on the parent’s earning capacity to prevent the parent from avoiding child support responsibilities.
Common Mistakes to Avoid When Calculating Child Support
Child support calculations in Oakbrook Terrace, IL, can go awry with common, easy-to-make errors.
- One is forgetting to include all sources of income. Parents must plug in bonuses, overtime, commissions, rental income, and other financial resources.
- Parents might also make mistakes that lower their net income. Deductions such as taxes, Social Security, and mandatory retirement contributions should be accurate.
- An unemployed or underemployed parent may underestimate his or her earning capacity, too. What the court does may depend on the length of unemployment/underemployment and the reasons behind it, among other things.
- Forgetting to include special expenses, such as needed childcare and educational costs, could leave the custodial parent footing the bill.
Importance of Proper Documentation in Oakbrook Terrace, IL
Proper documentation is essential to ensure fairness, accuracy, and transparency in child support arrangements. The calculations can be complex, and the consequences of errors can be significant. Consulting with an attorney who specializes in family law can help you navigate the process and ensure you’re making accurate calculations.
Maintain accurate records of income, expenses, and any child support payments made or received. If you and your ex agree on a child support amount different from the state’s guidelines, document the agreement properly and seek court approval to ensure it’s legally enforceable.
Can Child Support Be Modified in Illinois?
Child support can be modified if you or your former spouse has experienced significant changes. Your attorney can guide you through how to modify a marital settlement agreement, if you qualify.
Even without noticeable life changes in Oakbrook Terrace, IL, it is a good idea to review and adjust child support agreements periodically. Because changes can be so gradual, it can be difficult to notice that child support might no longer match income, expenses, and the child’s needs.
Income changes, changes in parenting time, changes in the child’s needs, cost of living adjustments, and emancipation of the child can all affect child support. The Illinois child support calculation worksheet (used by the Illinois Department of Healthcare and Family Services) considers variables such as all income information, tax deductions, child-related expenses, and the number of children.
The worksheet is a standardized tool designed to ensure consistency in child support determinations. However, if a divorce was uncontested, then the parents might be able to have flexible discussions between themselves (or with attorneys or mediators) about modifying child support. From there, a judge only needs to approve the custom-made adjustments instead of making the decisions.
Mediation in Child Support Calculations
Mediation can be an excellent tool in uncontested divorces and child support matters. This is true whether the parents are hammering out child support details for the first time or seeking to modify existing arrangements months or years after the fact.
A neutral third party, known as a mediator, facilitates communication and negotiation between the parents. While mediation can take time and effort, many parents prefer it rather than risk letting a judge make decisions.
Either parent can initiate the process, and some family courts require it before proceeding with child support litigation. The parents may choose a mediator together (your attorney can recommend one), or the court may appoint this person. It’s important to select a mediator with expertise in family law and child support matters.
During the sessions, both parents can openly discuss their concerns and financial circumstances. The mediator helps facilitate productive discussions and ensures that both parties are informed about their rights and responsibilities.
Mediation typically focuses on the best interests of the child. The parents work together to determine an arrangement that addresses the child’s needs, including financial support, health care, education, and other expenses. Parents can negotiate child support amounts and terms collaboratively and customize solutions that better reflect the unique needs and circumstances of the family.
Do Both Parents Have to Agree on Child Support in an Uncontested Divorce?
No. While mutual agreement is ideal in an uncontested divorce, the court must still review and approve the child support arrangement. If the proposed amount is too low or doesn’t serve the child’s best interests, a judge may reject it — even if both parents agree.
Can Child Support Be Waived in Illinois if Both Parents Agree?
Generally, no. Illinois courts do not allow parents to completely waive child support obligations because the right to support belongs to the child — not the parents. Even in uncontested divorces, the court will ensure the child’s needs are financially met.
What If One Parent Refuses to Provide Financial Information?
If a parent withholds income documentation, the court can impute income based on earning potential, work history, or average income data. This prevents manipulation of the child support calculation process.
Does Child Support Include College Expenses in Illinois?
Possibly. While basic child support typically ends at age 18 or high school graduation, Illinois law allows courts to order divorced parents to contribute to post-secondary education expenses — including tuition, housing, and books — depending on financial ability.
Is Child Support Still Required with 50/50 Custody in Illinois?
Yes. Equal parenting time does not automatically cancel out child support. If there is an income disparity between parents, the higher-earning parent may still owe support to ensure the child maintains a consistent standard of living.
How Often Can Child Support Be Reviewed or Modified?
Typically, child support can be reviewed every three years or sooner if there’s a substantial change in circumstances — such as a job loss, promotion, change in parenting time, or increased costs related to the child’s needs.
