Navigating Child Support in Illinois: Your Trusted Legal Partners
Understanding the Illinois Child Support Income Breakdown
Since 2017, child support in the state of Illinois has been calculated using the Income Shares Model. This model is designed to ensure that children receive the same proportion of financial support from their parents that they would have received if the parents were still living together in an intact family.
To clarify the illinois child support income breakdown, here is a general overview of the calculation process:
- Step 1: Calculate Each Parent’s Net Income. The court determines each parent’s monthly net income from all sources. Net income is defined as gross income minus certain deductions, such as taxes, mandatory retirement contributions, and insurance premiums.
- Step 2: Combine the Net Incomes. The individual net incomes are added together to determine the parents’ combined monthly net income.
- Step 3: Determine the Basic Child Support Obligation. This combined income, along with the number of children, is used to find a “basic child support obligation” on a state-provided schedule. This amount represents the estimated cost of raising a child in Illinois.
- Step 4: Prorate Each Parent’s Share. The final step is to divide the basic support obligation proportionally between the parents based on their percentage share of the combined net income. For example, if one parent earns 60% of the combined income, they are responsible for 60% of the total obligation.
It’s important to note that this is a simplified explanation. The actual calculation can be influenced by additional factors, such as expenses for health insurance, childcare, and extracurricular activities, as well as the number of overnights each parent has with the children.
The Illinois Department of Child Support provides a helpful online estimator, but for a precise and legally sound determination, an experienced attorney is essential.
Modifying Your Child Support Order
Your family’s needs will continually evolve. If you are a parent paying or receiving child support, a significant change in circumstances—such as a job loss, a substantial increase in expenses, or a new injury—may warrant a modification to your existing order.
Our legal team at Gravel & Wechter, P.C. will work hard to clarify any confusion you may have about how a change in your life could impact your support obligations. We are your guide and source of strength throughout the legal process.
How Illinois Divides Different Types of Marital Assets
Illinois is an equitable distribution state, meaning marital property is divided fairly — not necessarily equally — based on factors like each spouse’s contribution, economic circumstances, and the length of the marriage. How that plays out depends heavily on the type of asset involved:
Retirement accounts and pensions. A 401(k), pension, or IRA earned during the marriage is marital property regardless of whose name is on the account, and dividing it correctly usually requires a Qualified Domestic Relations Order (QDRO) to avoid early-withdrawal penalties and tax consequences. Learn more about how we handle retirement account division.
The marital home and real estate. Whether a home is sold and the proceeds split, or one spouse buys out the other’s share, depends on both spouses’ finances and whether staying in the home serves the children’s stability.
Business interests. If either spouse owns or has an interest in a business, professional practice, or partnership, valuing that interest correctly is one of the most contested parts of a high-asset divorce. See how we approach division of business interests.
Every case turns on its specific facts — the best next step is a consultation where we can walk through what you actually own and what a fair division could look like for your situation.
Get the Child Support You and Your Child Deserve Today
Frequently Asked Questions for Child Support Lawyers
What is the Income Shares Model used for child support in Illinois?
The Income Shares Model is the method Illinois uses to calculate child support. It is designed to ensure that the child receives the same proportion of financial support from both parents as they would have if the parents were still living together in an intact family.
How is “net income” determined in the child support calculation?
The court determines each parent’s monthly net income by starting with their gross income from all sources and subtracting specific deductions, such as taxes, mandatory retirement contributions, and insurance premiums.
Are only basic living expenses covered by the child support obligation?
No. While the basic child support obligation covers estimated general costs, the final order can be adjusted to account for additional factors. These often include expenses for the child’s health insurance, necessary childcare, and extracurricular activities, as well as the number of overnights each parent has with the children.
What is the first step in seeking a child support modification?
A modification is warranted when there has been a “significant change in circumstances” since the last order was entered. This can include major events like a job loss, a substantial increase in a child’s needs and expenses, or a new injury that impacts a parent’s income.
Can I use the state’s online calculator instead of hiring an attorney?
The Illinois Department of Child Support provides a helpful online estimator, but this is a simplified tool. For a precise, legally sound, and court-approved determination, especially in complex cases or when seeking a modification, consulting an experienced attorney is essential.
Does your firm handle child support cases for parents who were never married?
Yes. We assist clients with all child-related matters, including legal support for unwed birth mothers and fathers seeking to establish paternity and secure a fair and appropriate child support order.