Both parents are obligated to provide financial support for any children they have, regardless of whether the parents were ever married. In most cases, when both parents and the children do not all reside together, the custodial parent (the parent the children live the most days with) will receive child support if they earn significantly less than the noncustodial parent. If need be, paternity is established before child support is calculated.
Child support payments are to be used for ordinary household expenses such as food and rent, basic needs such as clothing, healthcare expenses, and costs related to education and extra-curricular activities.
The obligation to pay child support typically ends when a child reaches the age of eighteen, or nineteen if they are still in high school. Child support may extend into adulthood if the child has any conditions, such as intellectual or physical disabilities, that could prevent them from becoming financially independent. (Separate from child support is the obligation of divorced parents in Illinois to contribute to their child's post-secondary education expenses.)
Illinois Uses the Income Shares Model to Calculate Child Support
Since 2019, child support in Illinois has been calculated using the income shares model, which considers factors including the combined net income of each parent (past and present)[JM1] , number of children, parental responsibility, and parenting time. The court may take certain circumstances into account and deviate from the formula used in the income shares model. For example, the child may have special physical, emotional, or educational needs, such as tutoring because of a learning disability, which would warrant increasing child support, or the noncustodial parent may have expenses such as extensive medical expenses of their own or an obligation to pay support for another child, which would warrant lowering child support.
Enforcement of the Child Support Order
The Illinois Department of Healthcare and Family Services (HFS) manages enforcement of the child support order issued by its Division of Child Support Services (DCSS), which also administers child support services. A circuit court judge may also issue a child support order.
The employer of the noncustodial parent withholds child support payments from their wages and sends them to the Illinois State Disbursement Unit (ILSDU), which, in most cases, disburses them directly to the custodial parent. Self-employed noncustodial parents are billed, and they pay the ILSDU directly.
Modification of the Child Support Order
A child support order is eligible for review for modification by the court if at least one of the following criteria is met:
· The financial situation of either party has substantially changed.
· The current child support order became effective at least three years ago.
· The current child support order did not address healthcare coverage for the child.
· Either parent or another state submitted a written request for review to the DCSS.
In all matters concerning child support in Illinois, an experienced family law attorney can explain the guidelines and help you navigate all aspects of the process.