how is child support calculated in illinois

Navigating child support laws can be complex, especially when dealing with the nuances of state-specific guidelines. In Illinois, child support calculations underwent a significant change in 2017, moving from a percentage-of-income model to an "Income Shares" model. This approach aims to ensure that children receive the same proportion of their parents' combined income as they would have if the parents were still living together.

Understanding how child support is calculated in Illinois is crucial for both parents. This guide will break down the Income Shares model, explain key terms, and highlight special considerations that can affect the final support order.

The Illinois Income Shares Model: A Closer Look

The Income Shares model is based on the idea that both parents contribute to the support of their children. The calculation typically involves several steps:

Step 1: Determining Each Parent's Net Income

The first and most critical step is to accurately determine the net monthly income for both the custodial and non-custodial parent. Net income is generally defined as a parent's gross income minus certain allowable deductions. These deductions can include:

• Federal and state income taxes
• Social Security (FICA) and Medicare taxes
• Mandatory retirement contributions
• Health insurance premiums (for the parent and children)
• Union dues
• Prior ordered support obligations (e.g., for other children or spouses)

Gross income typically includes all sources of income, such as salaries, wages, commissions, bonuses, self-employment income, disability benefits, unemployment benefits, and more. Accurate financial disclosure is paramount in this step.

Step 2: Calculating Combined Net Income

Once each parent's net monthly income is established, these two figures are added together to arrive at the "Combined Net Income." This represents the total financial resources available to the household for child support purposes.

Step 3: Finding the Basic Support Obligation

The Illinois Department of Healthcare and Family Services (HFS) publishes a "Schedule of Basic Child Support Obligations." This schedule is a table that provides a standardized amount for child support based on the parents' Combined Net Income and the number of minor children. It reflects the average cost of raising children in Illinois at various income levels.

For example, if parents have a combined net monthly income of $5,000 and two children, the schedule will indicate a specific basic support obligation amount. This amount is considered the total monthly cost of raising the children.

Note on Calculator: The calculator above uses a simplified approximation of the Illinois Schedule of Basic Child Support Obligations for demonstration purposes. For official calculations, the court will refer to the actual HFS schedule.

Step 4: Allocating the Basic Support Obligation

After determining the basic support obligation, the next step is to divide this obligation between the parents based on their proportional contribution to the Combined Net Income. For instance, if Parent A contributes 60% of the Combined Net Income and Parent B contributes 40%, then Parent A is responsible for 60% of the basic support obligation, and Parent B is responsible for 40%.

Step 5: Determining the Child Support Payment

In a standard child support scenario (where one parent has the children for the majority of overnights), the parent with the higher income typically pays their proportional share of the basic support obligation to the parent with the lower income. This payment is designed to ensure that the children's needs are met and that both parents contribute equitably to their financial well-being, even if they live in separate households.

Special Considerations in Illinois Child Support

Shared Physical Care (Equal or Near-Equal Parenting Time)

Illinois law recognizes situations where both parents have significant parenting time. If each parent has the children for at least 146 overnights per year (approximately 40% of the year), the calculation changes. In these "shared physical care" arrangements:

• The basic support obligation is multiplied by 1.5 (to account for the increased costs associated with maintaining two homes for the children).
• Each parent's share of this increased obligation is then calculated based on their proportional income share.
• The difference between these two parental obligations is the amount of child support that the higher-income parent pays to the lower-income parent.

Additional Expenses (Add-ons)

Beyond the basic support obligation, courts can order parents to contribute to "additional expenses" or "add-ons." These are typically divided proportionally based on each parent's income share and can include:

• Childcare Costs: Expenses related to daycare, after-school care, or summer camps necessary for a parent's employment or education.
• Health Insurance: The cost of health, dental, and vision insurance premiums for the children.
• Extraordinary Medical Expenses: Uninsured medical, dental, orthodontic, or psychological expenses exceeding a certain threshold (e.g., $250 per year per child).
• Extracurricular Activities & Education: Costs for sports, music lessons, private school tuition, or college expenses, especially if agreed upon by parents or deemed appropriate by the court.

Deviations from Guidelines

While the Income Shares model provides a presumptive amount of child support, Illinois courts have the discretion to "deviate" from the guidelines if applying them would be unjust or inappropriate. Factors a court might consider for deviation include:

• The child's best interests.
• The financial resources and needs of the child.
• The financial resources and needs of both parents.
• The standard of living the child would have enjoyed if the parents had remained together.
• The physical and emotional condition of the child.

Modifications to Child Support

Child support orders are not necessarily permanent. Either parent can petition the court for a modification if there has been a "substantial change in circumstances." Common reasons for modification include:

• A significant increase or decrease in either parent's income.
• A change in the child's needs.
• A change in the amount of parenting time.
• Job loss or promotion.

It's crucial to seek a court order for any modifications rather than making informal agreements, which may not be legally enforceable.

The Role of a Family Law Attorney

Given the complexities of calculating net income, understanding the HFS schedule, and navigating special circumstances like shared physical care or deviations, retaining an experienced family law attorney is highly recommended. A lawyer can help ensure that all financial information is accurately presented, that your rights are protected, and that the child support order is fair and in the best interest of your children.

Conclusion

Illinois' Income Shares model for child support aims for fairness and consistency, ensuring that children continue to benefit from both parents' financial contributions. While the basic calculation follows a clear formula, individual circumstances, shared parenting arrangements, and additional expenses can significantly impact the final support amount. By understanding these guidelines, parents can better prepare for the child support process and focus on the well-being of their children.