Illinois Child Support

In Illinois, it is the joint responsibility of both parents to support their children, regardless of the parenting time schedule. Parenting time plays an important role in determining the amount of child support, along with each parent’s income. Typically, the parent with less parenting time is required to pay support to the parent with the majority of parenting time. However, when parenting time is shared more equally, child support is calculated based on a proportional income model.

A common misconception among parents is that they can agree to waive child support. However, the court is obligated to act in the best interests of the child, and this duty overrides any private agreements between parents. While the court may approve an agreement that deviates from guideline support, it must be supported by clear justification that the child’s needs will still be met. In situations where parenting time and incomes are nearly equal, the court may determine that no child support is needed, but this is at the court’s discretion and not automatic.

Calculating Child Support

Illinois uses an "income shares" model to calculate child support, which takes into account the combined net income of both parents and the number of overnights the child spends with each parent. Each parent’s share of the total support obligation is proportional to their share of the combined income. The court uses standardized child support guidelines established under 750 ILCS 5/505 to determine the appropriate support amount.
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If a parent is unemployed or underemployed, the court may impute income based on earning capacity, education, employment history, and the current job market. Health insurance premiums, out-of-pocket medical expenses, childcare costs, and other necessary expenses are also factored into the child support calculation.

The court must determine that the child support amount ordered serves the best interests of the child. If the support deviates from guideline amounts, the court must explain in writing why the deviation is appropriate and in the child’s best interests. If parents agree to an amount lower than the guideline, the court may reject the agreement unless a valid reason is presented and justified in the record.

Income Withholding

Most Illinois courts require an Income Withholding for Support order to be issued when child support is ordered. This order directs the paying parent’s employer to deduct the child support amount directly from wages and send the funds to the Illinois State Disbursement Unit (ILSDU).
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All child support payments are processed through the ILSDU, ensuring accurate tracking and timely disbursement to the receiving parent. Direct payments between parents are strongly discouraged and may not be credited unless documented through the state system.

Failure to Pay Child Support

Illinois courts take nonpayment of child support seriously. A parent who fails to pay court-ordered child support may be held in contempt of court, which can result in wage garnishment, suspension of driver’s and professional licenses, interception of tax refunds, and even jail time in severe cases. Consistent and timely payment of support is a legal obligation and a critical part of supporting your child’s wellbeing.
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