Child Support in Illinois: Understanding the Basics
If you’re going through a divorce or separation, understanding child support is essential. It’s a legal obligation designed to ensure your child’s financial needs are met, even when their parents live apart. But how is child support in Illinois calculated? Let’s break it down.
The Income Shares Model: A Team Effort
Unlike some states with rigid percentages, Illinois uses the Income Shares Model. This model recognizes that both parents contribute financially to their child’s well-being and aims for a fair distribution of that responsibility. To do that, the Legislature passed a law that accounts for the time a child spends with each parent. To make it easy, the calculator counts the number of nights a child spends with each parent to determine child support in Illinois. It also takes into consideration that a certain percentage of each parent’s income is used to support their child.
How Child Support in Illinois is Calculated
- Net Income: The calculator figure out each parent’s net income, which is their take-home pay after standardized taxes. It is probably different than net income that is deposited, as things like 40(k) deductions and health insurance costs are not calculated at this step.
- Combined Income: The calculations then add both parents’ net incomes together.
- Basic Obligation: Illinois has a chart that estimates the cost of raising a child based on this combined income and the number of children. That is called the “basic child support obligation.”
- Each Parent’s Share: The parent with the higher income usually pays a larger percentage of the total obligation. The exact percentage is determined by each parent’s share of the combined income.
- Adjustments: The basic amount can be adjusted for things like childcare costs, medical expenses, and educational expenses.
- Health Insurance. The cost of insuring the children is calculated, as well as determining if it will reduce the child support or, alternatively, raise the amount paid.
You can calculate child support for yourself online, using the official calculator the Courts use.
Negotiating Child Support
While the income shares model provides a starting point, the best solution for your family might not always fit neatly into a formula. By working together with your co-parent, you can often negotiate a child support agreement that:
- Reflects your unique situation: Takes into account any special needs your child might have.
- Minimizes conflict: Avoids the stress and expense of court battles.
- Puts your child’s needs first: Ensures their financial security while fostering a positive co-parenting relationship.
Warning: the Courts will not accept an agreement that is too lopsided. Also, child support can be ordered to be paid even if the parents share time 50/50.
Child Support is an Ongoing Responsibility
Even if you reach an agreement, child support orders can be modified if your circumstances change significantly. It’s important to review your agreement periodically and make adjustments as needed to ensure your child’s financial needs are always met.
Need Guidance on Child Support?
If you’re facing a divorce or separation in Illinois, I can help. I can also assist you in negotiating a fair agreement and preparing the necessary paperwork to make it official as part of your uncontested divorce. Call my office, reach out through my website or schedule a time for a for a free consultation about your uncontested divorce. Let’s focus on finding solutions that prioritize your child’s well-being.
Disclaimer: This post is for informational purposes only and is not legal advice. No attorney-client relationship is formed by reading this post. If you need legal assistance, contact an attorney licensed in your jurisdiction.