Illinois Child Support Guidelines

Illinois child support is determined using the "income shares model," which calculates the payment based on both parents' combined net income. This model, in effect since July 1, 2017, aims to reflect what parents would typically spend on their child if living together. Child support covers basic expenses like food, clothing, housing, and medical care. Payments usually continue until the child is 18 or 19 if still in high school, but can end earlier if the child becomes emancipated.

One of the fundamental rights of a child is to receive child support from their parent. To ensure this right is protected, states established a child support system to help determine the appropriate amount of support a child should receive. Every state's guidelines are different. However, the guidelines often consider the parent's income and the best interest of the child when determining the amount of child support.

Continue reading for a breakdown of the child support guidelines in the state of Illinois.

What Guidelines Will the Judge Follow To Determine Child Support?

The state of Illinois follows an "income shares model” in calculating the minimum child support amount a parent must pay. The Public Act 99-0764 establishes the income shares guidelines, which took effect on July 1, 2017. It replaced the previous percentage-based model.

The Illinois Marriage and Dissolution of Marriage Act provides child support guidelines to assist the parties in determining the amount of support. It includes a table showing the percentage of combined net income parents living together often spend on their children. The Illinois government website also has a child support estimator to assist parents in assessing how much support the court may order them to pay.

In "shared parenting," the fundamental child support obligation is multiplied by 1.5. Shared parenting means the child spends overnight with each parent for at least 146 nights per year. The time each parent spends with the child will factor into the child support order.

Determining Net Income for Child Support Calculations

Net income is gross income minus either the standardized tax amount or individualized tax amount, as well as any applicable adjustments.

Gross income is the income derived from all sources except the following:

• Benefits from public assistance programs, examples of which are public assistance provided under the Supplemental Nutrition Assistance Program (SNAP), and
• Income or benefits a parent receives for other children in the household.

The standardized tax amount is the total for state and federal income taxes for a single person. The person claims the standard tax deduction, one personal exemption, and the applicable number of dependency exemptions for the child(ren) of the parties. It also includes Social Security and Medicaid taxes, calculated at the Federal Insurance Contributions Act rate.

The individualized tax amount is only used in certain situations. If the parties agree, they can use individualized tax amounts. However, the court can reject the agreement for good cause. The parties can also use the individualized tax amount if the court determines it is appropriate after a summary or evidentiary hearing.

What Expenses Can an Illinois Judge Include in the Support Order?

The allocation for child support will include financial support for basic child care expenses, such as food and clothing. It will also include expenditures for housing, transportation, activities, and medical care costs. It will even consider health, dental, and vision insurance. The non-custodial parent can also be responsible for daycare, extracurricular activities, private school expenses, and medical expenses not covered by insurance.

When Does a Parent's Support Obligation End?

Most child support payments end when the minor child turns 18 years old. However, they will continue if the child is 19 years old and still in high school.

Child support can also end if the child becomes "emancipated." A child is "emancipated" when they:

• Get married
• Join the military
• Get a job and no longer require their parent's support
• Move out on their own and want to be independent

Can a Parent Ask To Change the Child Support Order in Illinois?

In general, a parent cannot change or modify the child support order. However, the court can modify the order if the party can show a substantial change in circumstances. For instance, a modification may be necessary if the child needs additional support because of a new medical condition or if there is a significant reduction in the parent's net income.

To change the child support order, the parent should file a motion with the court or contact the Department of Healthcare and Family Services.

Illinois Child Support Guidelines at a Glance

The chart below provides an overview of Illinois child support laws that can help you better understand your child support case.

Disclaimer: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Illinois Child Support Guidelines: Related Resources

For more information related to this topic, you can visit the links below:

• Child Custody
• Child Support Enforcement
• Child Support Modification

Learn More About Illinois Child Support Guidelines: Seek Legal Advice

Understanding the appropriate amount of support for a child’s needs is essential for both parents and the child. Although Illinois’ child support guidelines provide the legal framework, the circumstances surrounding each child support case could affect the amount of support. The court order may also look at the child's best interest in assessing the parent’s share.

Seek legal advice from a family law attorney near you. They can help you better understand your case and help protect your rights while ensuring the best interest of the child.