Child support in Illinois is determined based on number of factors. Both parents’ incomes are considered and then compared to a chart that the Illinois department of Health and Family Services produces and updates each year.
“The Illinois Department of Healthcare and Family Services shall adopt rules establishing child support guidelines which include worksheets to aid in the calculation of the child support obligations and a schedule of basic child support obligations that reflects the percentage of combined net income that parents living in the same household in this State ordinarily spend on their child.” 750 ILCS 5/505(a)(1)
These rules are elaborated in a chart called a “Income Shares Schedule” which includes a column for the parents net income followed by columns for how many children parents of that net income share: one child, two children, three children, four children, five children or six children.
This “Income Shares Schedule” tabulates the parents’ total income and then issues a number which it believes should be the cost for the number of children the parents share based on the parents’ incomes.
The chart’s numbers are supposed to reflect an “adequate standard of support for a child, subject to the ability of parents to pay” 750 ILCS 5/505(a)(1)(A)
Anyone who has had a child will know that your income does not determine what it costs to properly raise a child…but these are the rules we’ve got.
Once the net income and number of children are determined, you can take the Healthcare And Family Services Income Shares Schedule chart to court to determine the child support amount for one or more children.
“The court shall compute the basic child support obligation by taking the following steps:(A) determine each parent’s monthly net income;(B) add the parents’ monthly net incomes together to determine the combined monthly net income of the parents;(C) select the corresponding appropriate amount from the schedule of basic child support obligations based on the parties’ combined monthly net income and number of children of the parties; and(D) calculate each parent’s percentage share of the basic child support obligation.” 750 ILCS 5/505(A)(1.5)
The first three steps are easy enough but the last step is vague: “calculate each parent’s percentage share of the basic child support obligation.”
“Calculating each parent’s percentage share” is done is by comparing the parents’ incomes as a percentage of the total to the amount that the Healthcare and Family Services Income Shares Schedule amount that the chart believes a child should cost for that combined income. The non-custodial parent will be responsible for paying their percentage of income compared to the cost of raising the child.
This needs an example:
If Mom makes $ 50,000 and Dad makes $ 100,000 then they make $ 150,000 total. On the Healthcare and Family Services Income Shares Schedule it says that one child should cost parents of that combined income $ 1811 a month. Mom has custody of the child and Dad makes 66% of the total income. Therefore dad has to pay mom $1195 ($1811 X 66%) a month in child support.
There are many adjustments that can be made to the child support amount based on the circumstances of the parents.
Child Support For One Child If The Parents Share Time Almost Equally.
Getting 50/50 custody is the holy grail for any parent who isn’t the presumptive primary parent. In addition to the extra time spent with the child, a parent gets a break in child support if they spend more than 146 overnights with the child.
146 is 40% of a 365 day year, or more than 12 days a month or 3 days a week.
“If each parent exercises 146 or more overnights per year with the child, the basic child support obligation is multiplied by 1.5 to calculate the shared care child support obligation. The court shall determine each parent’s share of the shared care child support obligation based on the parent’s percentage share of combined net income. The child support obligation is then computed for each parent by multiplying that parent’s portion of the shared care support obligation by the percentage of time the child spends with the other parent. The respective child support obligations are then offset, with the parent owing more child support paying the difference between the child support amounts.” 750 ILCS 5/505
This is going to take another example to unpack.
Dad makes $ 100,000 a year. Mom makes $ 50,000. Dad has 150 days a year with the minor child.
The basic child support obligation is $ 1811 pursuant to the Healthcare and Family Services Income Shares Schedule. That’s now multiplied by 1.5 to $2716.50.
That’s then divided by each parent’s share of the combined income. Dad is responsible for $1794.21 ($2716.50 X 66%) and Mom is responsible for $897.10 ($2716 X 33%).
Those amounts are then multiplied by the percentage of time each parent spends with the child.
Dad has 150 days with the child so he spends 41% of the time with the child.
Dad’s obligation is $735.54($1794.21 X 41%)
Mom has 215 days with the child so she spends 59% of the time with the child.
Mom’s obligation is $529.29($897.10 X 59%)
The two obligations then offset each other. So, Dad would have to pay mom $ 206.25($735.54 – 529.29)
Child Support For One Child In Illinois When Either Parent Has Other Children
If either parent has other children from another relationship that they must support, the child support shall be adjusted for the new child by reducing the child support paid from their income.
“The court shall deduct from the parent’s net income the amount of child support actually paid by the parent pursuant to a support order unless the court makes a finding that it would cause economic hardship to the child.” 750 ILCS 5/505(3)(F)(I)(i)
If there is not a child support order for the existing children from another relationship, then the court must determine what the parent is actually paying for the existing children or 75% of what they should be paying (whichever is less) in order to appropriately deduct income from the supporting parent.
“The court shall deduct from the parent’s net income the amount of financial support actually paid by the parent for the child or 75% of the support the parent should pay under the child support guidelines (before this adjustment), whichever is less, unless the court makes a finding that it would cause economic hardship to the child.” 750 ILCS 5/505(3)(F)(I)(ii)
Health Insurance And Child Support For One Child In Illinois
If either parent is providing health insurance for a child, that will impact the amount of child support in Illinois.
The cost of the child’s health insurance gets added to the child support obligation number found on the Healthcare and Family Services Income Shares Schedule amount.
“The amount to be added to the basic child support obligation shall be the actual amount of the total health insurance premium that is attributable to the child who is the subject of the order.” 750 ILCS 5/505(4)(D)
“After the health insurance premium for the child is added to the basic child support obligation and allocated between the parents in proportion to their respective incomes for child support purposes” 750 ILCS 5/505(4)(E)
Then whoever is paying for the health care insurance gets that amount credited to their child support obligation.
“[I]f the [child support] obligor is paying the premium, the amount calculated for the obligee’s share of the health insurance premium for the child shall be deducted from the obligor’s share of the total child support obligation.” 750 ILCS 5/505(4)(E)
“If the [child support] obligee is paying for private health insurance for the child, the child support obligation shall be increased by the obligor’s share of the premium payment.” 750 ILCS 5/505(4)(E)
Daycare and Extracurricular Expenses For One Child In Illinois
In addition to child support, both parents will be expected to contribute to the child care expenses and the extracurricular and/or school expenses of the child.
“The court, in its discretion, in addition to the basic child support obligation, may order either or both parents owing a duty of support to the child to contribute to the reasonable child care expenses of the child. The child care expenses shall be made payable directly to a party or directly to the child care provider at the time of child care services.” 750 ILCS 5/505(F)(3.7)
“The court, in its discretion, in addition to the basic child support obligation, may order either or both parents owing a duty of support to the child to contribute to the reasonable school and extracurricular activity expenses incurred which are intended to enhance the educational, athletic, social, or cultural development of the child.” 750 ILCS 5/505(F)(3.6)
Even after child support, child care and extracurricular expenses are over, there will still be college expenses owed until the child is 23 years old.
“The court may award sums of money out of the property and income of either or both parties or the estate of a deceased parent, as equity may require, for the educational expenses of any child of the parties.” 750 ILCS 5/513(a)
How To Really Calculate Child Support For One Child In Illinois
All of the above word problem formulas are rarely, if ever, used. Family law attorneys and Illinois family law judges simply use calculators to determine child support. We type in the facts and then print off the result…but we always check our opponent’s work.
Health and Family Services provides this free calculator.
Most family law attorneys use a software called Family Law Software to calculate child support. It tends to be more accurate and properly shows how the results were calculated and is therefore more likely to be adopted by an Illinois domestic relations judge.
Having a child is expensive…even if you’re only going to have one. There are ways to minimize or maximize the financial obligations of one parent to another while maximizing your personal involvement with your child. Contact my Chicago, Illinois family law firm to day to learn more about how you can pay or receive the appropriate amount of child support for one child.
