Child Support in Illinois: What It Covers, How It’s Calculated, and FAQs
Introduction
Child support in Illinois is financial support paid by one parent to the other to help cover the costs of raising one or more children. This support may be agreed upon voluntarily or ordered by the court as part of a divorce or parentage case.
Illinois follows an income shares model, which considers both parents’ incomes and parenting time to determine a fair support amount. While many assume child support only covers basic needs, it often includes a broader range of expenses depending on the circumstances.
What Does Child Support Cover?
One common misconception is that child support only covers basic essentials such as food, shelter, and clothing. In reality, child support in Illinois can extend beyond those basics depending on the needs of the child and the parents’ financial situation.
Additional expenses that may be included:
- Medical care, including health insurance and uncovered expenses
- Educational costs, including tuition and school-related expenses
- Childcare, such as daycare, babysitters, and nannies
- Transportation and travel expenses
- Technology and entertainment, such as computers and internet access
- Extracurricular activities, including sports, camps, and after-school programs
In some cases, courts may also allocate additional expenses separately, such as college costs or specialized care.
How Is Child Support Calculated in Illinois?
In 2017, Illinois updated its child support laws to adopt an income shares model, which is still used today. This approach estimates how much would typically be spent on a child if both parents lived together and then divides that obligation proportionally.
Under this model:
- Each parent’s net income is calculated
- The incomes are combined to determine the Total Family Income
- The total is compared to state guidelines based on the number of children
- Each parent is responsible for a percentage of the obligation based on their share of income
- Parenting time may result in an adjustment to the final amount, especially in shared custody situations
For example, if one parent earns 70% of the combined income, that parent may be responsible for approximately 70% of the total child support obligation, subject to adjustments for parenting time and expenses.
Can Child Support Be Modified?
Yes. Child support in Illinois can be modified if there is a substantial change in circumstances.
Common reasons for modification include:
- A significant increase or decrease in either parent’s income
- Changes in parenting time or custody arrangements
- New expenses, such as childcare, medical needs, or education costs
Modifications require court approval and must be supported by updated financial information.
Is Child Support Tax Deductible?
Child support is not tax deductible for the paying parent and is not considered taxable income for the receiving parent. Because the funds are intended for the benefit of the child, they are not treated as taxable income under federal law.
What Are the Penalties for Not Paying Child Support?
Parents who fall behind on child support payments may face serious legal and financial consequences, including:
- Wage garnishment
- Interception of tax refunds
- Suspension of driver’s or professional licenses
- Liens on property
- Potential court enforcement actions
If a parent refuses to pay, the other parent can request enforcement through the court, which may result in additional penalties.
Child Support in Illinois FAQs
Child support is calculated using the income shares model, which considers both parents’ net incomes, the number of children, and parenting time. The goal is to estimate the total cost of raising a child and divide it proportionally.
Income may include wages, bonuses, commissions, self-employment earnings, rental income, and certain benefits. Courts look at overall financial resources, not just base salary.
Yes. A parent can request a modification if there is a substantial change in income, parenting time, or the child’s needs. Court approval is required for any changes.
Child support typically ends when a child turns 18 or graduates from high school, whichever occurs later. In some cases, support may continue for college expenses.
Failure to pay child support can lead to enforcement actions such as wage garnishment, license suspension, or court penalties. Ongoing nonpayment may result in more serious legal consequences.
Receive Expert Family Legal Advice from Conniff & Keleher, LLC
Whether your current child support order is beyond your financial means or you are not receiving full payments, Conniff & Keleher, LLC can provide guidance tailored to your situation.
Our team assists clients with:
- Establishing and enforcing child support obligations
- Modifying existing child support orders
- Addressing unpaid child support and enforcement actions
Learn more about child support in Illinois and your legal options or contact our team of attorneys to discuss your case.
