When parents go through a divorce or separation, one of the most important issues they need to address is child support. In Illinois, child support is designed to ensure that both parents contribute to the financial well-being of their children, even if they're no longer together. But how exactly is child support calculated?

The Basics of Child Support in Illinois

In Illinois, courts considers the income of both parents, not just the non-custodial parent, which is a shift from how it used to be calculated. The goal is to estimate how much money would have been spent on the child if the parents were still living together and then divide that amount between the parents based on their individual incomes.

Key Factors in Child Support Calculation

There are a few main factors that come into play when determining child support:

1. Both Parents' Incomes: The court looks at the combined net incomes of both parents to determine what percentage each parent is responsible for. Net income includes wages, bonuses, commissions, unemployment benefits, and even investment income, minus things like taxes, health insurance premiums, and mandatory union dues.

2. Parenting Time: The amount of overnights each parent has with the child plays a role in determining child support.

3. Number of Children: The number of children the couple has together also impacts the amount of support. The more children, the higher the amount that's typically required to cover their needs.

4. Health Insurance: Both parents share in cost for healthcare insurance for the child. If one parent is paying for health insurance for the child, it can be factored into child support calculations. 

Parenting Time and Its Impact on Child Support

In Illinois, the amount of parenting time (the number of overnights) each parent has with the child can affect the child support calculation. If the non-custodial parent has the child for at least 146 overnights per year (which is roughly 40% of the time), the court may adjust the child support amount to reflect the shared parenting responsibilities.

This doesn't mean child support is eliminated in shared parenting situations, but it may be reduced since both parents are shouldering a greater share of the costs for raising the child.

Modifying Child Support

Life happens, and sometimes circumstances change after child support has been established. In Illinois, either parent can request a modification to the child support amount if there has been a significant change in circumstances, such as:

• A substantial increase or decrease in income
• A change in the child's needs (e.g., medical expenses, educational needs)
• A change in parenting time arrangements

It's important to work with an attorney to request a modification through the court. Simply agreeing to changes informally with the other parent can lead to legal complications down the road.

Why You Need a Lawyer

While the state provides guidelines for calculating child support, every family's situation is unique, and things aren't always straightforward. An experienced family law attorney can help ensure that your child support arrangement is fair, accurate, and takes all relevant factors into account. We'll work with you to gather the necessary financial documentation, navigate any disputes, and make sure the best interests of your child are being met.

Final Thoughts

Understanding how child support is calculated in Illinois can be confusing, but it's an important part of making sure your children are properly cared for. By knowing the key factors that go into the calculation—like income, parenting time, and additional expenses—you can feel more confident as you move through the process. For legal assistance and guidance, contact us at Katherine Maloney & Associates at 815-577-9763.

We're here to provide the guidance and support you need during this challenging time.