How is Child Support Calculated?

Illinois child support is governed by 750 ILCS 5/505. Child support in Illinois is based on a formula taking into consideration the number of overnights spent with each child, each parent’s income and the amount of health insurance paid on behalf of each parent for the children.

Child support today looks much different. Parents who share equal parenting time may still owe child support to the other parent if their incomes are significantly different.

Modification Of Child Support

Life happens, and sometimes that means stability with your income. If you or the other parent experience loss of employment or suddenly gain employment with income substantially more than what you were making, either parent can file a motion with the court to request a modification of their current child support.

Illinois law requires a finding of a substantial change of circumstances in order to modify a current child support order. 750 ILCS 5/510

What is imputation of Income? Can my income be imputed?

Illinois law recently changed where the Court is required to have an evidentiary hearing and make specific findings if a party is to be imputed income for purposes of calculating child support. This raises the standard for parties and practitioners to bring evidence before the Court before an individual can be unilaterally imputed a certain amount of income.

What about other expenses pertaining to my child?

Extracurricular activities, school expenses and healthcare expenses incurred out of pocket by parents can be treated separately by the Court for purposes of allocation of costs. The Court has discretion how to allocate additional expenses beyond the statutory child support calculation.

At Kreke Smith, LLC, let us help you navigate your options and decisions when it comes to child support and additional expenses incurred by the children.