Child Support
Each parent has a duty to provide support for their children's needs. Beginning in July of 2017, Illinois changed the way it calculated child support from a straight percentage model to what is called an "Income Shares Mode." Illinois became the 40th state to adopt an Income Shares Model. The old method simply required payors to pay a percentage of their net income based on the number of children without any regard to actual child-rearing costs. The percentage method often resulted in high-income earners paying what amounted to a windfall to the other parent; and low-income earners not paying enough to cover the essentials of child-rearing. Many found this percentage model to be unfair because it was not grounded in any actual child-rearing costs.
The Income Shares Model attempts to bring fairness back into the equation by using actual child-rearing costs taken in part from the Bureau of Labor Statistics. It also takes into account the total net income of both parents, including maintenance. It then calculates child support based upon a formula.
How does the Income Shares Model Work?
First, both parents' monthly net incomes (including maintenance received or paid, but not including some government need-based benefits like TANF, SNAP and SSI) are calculated. Then both parents' net monthly incomes are combined to arrive at a total net monthly income. Next, determine the corresponding amount from the chart called: Schedule of Basic Child Support Obligations (BCSO) based on the total of the parties’ combined monthly net incomes.
This chart is used to determine the basic support obligation based upon the parties' combined monthly income that would have been received by a child if their parents were together. The parent with the most parenting time is presumed to be directly contributing his/her share of the support obligation to the child. The other parent is ordered to pay his/her share of support.
If both parents have 146 or more overnights with the children, the child support obligation will be adjusted further. This is called a shared-parenting adjustment. The 146 overnights is approximately 40% of the 365 nights in a year. Because some child-rearing costs are duplicated between the parents' households when the children spend time more evenly with each parent, the basic support obligation is multiplied by 1.5 to account for the increased cost. Next, each parent's contributions are determined by adjusting the percentage of parenting time.
If this all sounds confusing, you are not alone. The Illinois Department of Healthcare and Family Services has provided an estimator tool to help estimate the possible Child Support award. This is just an estimate, however. The Court has the discretion to deviate from this formula if it is deemed appropriate.
What about other child-related expenses?
The Court can also determine how parents will pay for extracurricular activities, school expenses, child-care expenses, and healthcare expenses for the children. These costs are usually divided on a percentage basis between both parents. The Parenting Plan will also help both parties navigate child-related expenses because it often includes provisions such as whether the children attend public or private school, the level of activities and sports they will be involved in, and which parent will be responsible for covering the children's medical insurance.
Can child support be modified?
Yes. Child support may be modified if there is a substantial change in circumstances. A substantial change may be a parent's increase or decrease in income or a change in the amount of parenting time each parent exercises.
How long do Child Support payments last?
Parents must pay child support until the child turns 18 years of age or graduates from high school, whichever is the last to occur.
Do divorced parents have to pay for their children's college expenses?
Illinois courts will often order that one or both parents pay college educational and living expenses of their children. In Illinois, this is referred to as non-minor support. The Court may take into consideration the financial resources of the parents and the child, the child's academic performance, what the child's standard of living would have been had the parents stayed together as well as anything else the Court deems fair. If children are close to college age when parents divorce, college expenses may be addressed during the divorce proceedings. If the children are young and years away from college, the issue of college is considered premature and will be addressed at a later time.
Illinois looks to the price of tuition, fees and housing being charged at the University of Illinois at Urbana-Champaign when determining reasonable costs for college expenses. Generally, college costs for the child cannot exceed what is being charged at UIUC for the same academic period unless good cause can be shown. The Court may also order one or both parents to complete the FAFSA and/or other financial aid forms.
The Income Shares Model attempts to bring fairness back into the equation by using actual child-rearing costs taken in part from the Bureau of Labor Statistics. It also takes into account the total net income of both parents, including maintenance. It then calculates child support based upon a formula.
How does the Income Shares Model Work?
First, both parents' monthly net incomes (including maintenance received or paid, but not including some government need-based benefits like TANF, SNAP and SSI) are calculated. Then both parents' net monthly incomes are combined to arrive at a total net monthly income. Next, determine the corresponding amount from the chart called: Schedule of Basic Child Support Obligations (BCSO) based on the total of the parties’ combined monthly net incomes.
This chart is used to determine the basic support obligation based upon the parties' combined monthly income that would have been received by a child if their parents were together. The parent with the most parenting time is presumed to be directly contributing his/her share of the support obligation to the child. The other parent is ordered to pay his/her share of support.
If both parents have 146 or more overnights with the children, the child support obligation will be adjusted further. This is called a shared-parenting adjustment. The 146 overnights is approximately 40% of the 365 nights in a year. Because some child-rearing costs are duplicated between the parents' households when the children spend time more evenly with each parent, the basic support obligation is multiplied by 1.5 to account for the increased cost. Next, each parent's contributions are determined by adjusting the percentage of parenting time.
If this all sounds confusing, you are not alone. The Illinois Department of Healthcare and Family Services has provided an estimator tool to help estimate the possible Child Support award. This is just an estimate, however. The Court has the discretion to deviate from this formula if it is deemed appropriate.
What about other child-related expenses?
The Court can also determine how parents will pay for extracurricular activities, school expenses, child-care expenses, and healthcare expenses for the children. These costs are usually divided on a percentage basis between both parents. The Parenting Plan will also help both parties navigate child-related expenses because it often includes provisions such as whether the children attend public or private school, the level of activities and sports they will be involved in, and which parent will be responsible for covering the children's medical insurance.
Can child support be modified?
Yes. Child support may be modified if there is a substantial change in circumstances. A substantial change may be a parent's increase or decrease in income or a change in the amount of parenting time each parent exercises.
How long do Child Support payments last?
Parents must pay child support until the child turns 18 years of age or graduates from high school, whichever is the last to occur.
Do divorced parents have to pay for their children's college expenses?
Illinois courts will often order that one or both parents pay college educational and living expenses of their children. In Illinois, this is referred to as non-minor support. The Court may take into consideration the financial resources of the parents and the child, the child's academic performance, what the child's standard of living would have been had the parents stayed together as well as anything else the Court deems fair. If children are close to college age when parents divorce, college expenses may be addressed during the divorce proceedings. If the children are young and years away from college, the issue of college is considered premature and will be addressed at a later time.
Illinois looks to the price of tuition, fees and housing being charged at the University of Illinois at Urbana-Champaign when determining reasonable costs for college expenses. Generally, college costs for the child cannot exceed what is being charged at UIUC for the same academic period unless good cause can be shown. The Court may also order one or both parents to complete the FAFSA and/or other financial aid forms.