Child Support Attorney for Grundy, Kane, Kendall, & Will Counties

Child support is one of the most significant aspects of family law in Illinois, designed to ensure that children's financial needs are met when parents separate or divorce. At Katherine L. Maloney & Associates, LLC, we guide parents through the complexities of Illinois child support laws, helping them understand their rights and obligations while advocating for fair outcomes that serve the best interests of children. 

Key Points About Illinois Child Support 

Understanding Illinois' Income Shares Model 

Since July 1, 2017, Illinois has utilized the "Income Shares" model for calculating child support—a significant departure from the previous percentage-of-income formula. This model is based on the principle that children should receive the same proportion of parental income that they would have received if their parents had remained together. The Income Shares model accounts for both parents' incomes and allocates each parent's portion of support according to their share of the combined income. 

The calculation begins by determining the basic child support obligation using economic tables developed by the Illinois Department of Healthcare and Family Services. These tables estimate the amount that an intact family at a particular income level would typically spend on children. This amount is then prorated between the parents according to their respective shares of combined net income, with adjustments made for parenting time when applicable. 

Determining Net Income for Child Support Calculations 

Under Illinois law, "net income" for child support purposes is calculated by subtracting specific deductions from gross income. These deductions include federal and state income taxes, Social Security and Medicare taxes, mandatory retirement contributions, health insurance premiums for the children, and any prior support obligations. Understanding what constitutes income is critical, as Illinois courts take a comprehensive view that includes not only wages and salaries but also bonuses, commissions, investment income, rental income, and potentially even recurring gifts. 

For self-employed parents or those with irregular income, the process becomes more complex. Courts often examine income patterns over time and may use averaging methods to establish a reliable baseline for support calculations. Business owners should be aware that courts may scrutinize business expenses to ensure they're legitimate deductions rather than attempts to artificially lower support obligations. 

Parenting Time Adjustments 

The allocation of parenting time significantly impacts child support calculations in Illinois. Support calculations are based on the amount of overnights each parent has with the minor children.  

This approach recognizes that the parent with more parenting time typically incurs greater day-to-day expenses, even while acknowledging that both households need to maintain appropriate accommodations and resources for the child. The calculation can become quite nuanced, especially in situations with multiple children or complex parenting schedules. 

Termination and Duration of Child Support 

In Illinois, the obligation to pay basic child support typically continues until the child turns 18 or graduates from high school, whichever occurs later. However, there are important exceptions to this general rule. For children with disabilities who are unable to support themselves, support may continue indefinitely. 

It's important to understand that termination of child support is not automatic when a child reaches the age of majority. Typically the paying parent must typically file a petition to terminate the support obligation unless the original court order specifically included an automatic termination date. Failing to formally terminate support can lead to continued enforcement of the order even after the child has reached the age when support should legally end. 

Modification of Child Support Orders 

Illinois law recognizes that financial circumstances and children's needs evolve over time. Support orders may be modified when there has been a "substantial change in circumstances". Common grounds for modification include significant changes in either parent's income, changes in the child's needs, or substantial shifts in parenting time allocation.