How Does Shared Parenting Time Affect Child Support in Illinois?
Shared parenting time directly affects how child support is calculated in Illinois. The law recognizes that both parents have a duty to financially support their children, but the calculation of support can change depending on the amount of time a child spends in each household. If you are navigating this process, an experienced Bloomingdale, IL parental responsibilities lawyer can explain how child support may factor into your parenting situation.
Does Parenting Time Affect Child Support in Illinois?
Under Illinois’s "income shares" model, child support is based on the combined income of both parents and the time each parent spends with the child. According to 750 ILCS 5/505, if a parent has the child for at least 146 overnights per year, roughly 40 percent of the time, this is considered shared parenting. In these cases, support is not calculated in the same way as when one parent has primary custody.
While accounting for your income and parenting time, the support amount is then adjusted to ensure that you both contribute fairly to your child’s housing, food, and other essentials. The goal is to maintain a similar standard of living in both households, prioritizing your child’s best interests.
What Happens if a Parent Refuses To Pay Child Support?
Failing to pay child support is a serious issue in Illinois. Even if parents share custody equally, one parent may still be required to pay support depending on income differences. When the court orders a parent to pay child support, they have no choice but to pay it. If they refuse, a judge can enforce the order, and there are several ways to make a parent pay at that point.
Under 750 ILCS 28/20, the state can collect payments by taking money from paychecks, suspending licenses, or seizing tax refunds. In extreme cases, a parent who refuses to pay can face contempt of court charges and even jail time. The law makes clear that child support is not optional because a child’s needs always come first.
How Are Additional Expenses Handled When Parents Share Custody in Illinois?
Child support does not cover every possible expense. Illinois law requires parents to share certain additional costs that go beyond food, shelter, and clothing. These may include health insurance, medical bills not covered by insurance, daycare, and extracurricular activities.
According to 750 ILCS 5/505.2, courts can order parents to contribute to these expenses in proportion to their incomes. For example, if your co-parent earns significantly more than you, they may be ordered to pay a larger share of daycare or medical costs. The goal is to divide expenses fairly so the child can continue to receive the same opportunities and care they would have if both parents lived together.
When parents disagree about these costs, the court will review the financial records and make a ruling. Having a clear parenting plan that outlines who pays for what can prevent many disputes before they happen.
Contact a Lombard, IL Child Support Attorney Today
If you need help calculating support, modifying an existing order, or enforcing payments, the legal team at The Law Offices of Robert F. Kramer, Ltd. can make the process easier. Attorney Robert F. Kramer brings more than 40 years of experience to every case and has represented clients successfully in both trial and appellate courts. He understands how stressful family law matters can be and takes pride in being not only accomplished but also supportive. He will also guide you through each step and make sure you never feel alone in the process.
Call 630-785-2400 to schedule a free 30-minute consultation with a dedicated Bloomingdale, IL parental responsibilities lawyer today.