Navigating child support in DuPage County, Illinois can feel overwhelming, especially during a divorce or custody dispute. Fortunately, Illinois law provides a structured formula for calculating child support, ensuring that children receive the financial support they need while balancing the obligations of both parents. Whether you are the paying or receiving parent, understanding how support is calculated can help you prepare for court proceedings and protect your child’s future.
At Kulerski & Cornelison, our team serves families DuPage and Cook counties. We can help you understand and calculate child support along with your other family law needs. Schedule a meeting for a personalized approach to your case.
Illinois Child Support Guidelines: The Income Shares Model
Illinois uses the Income Shares Model to calculate child support. This approach considers the combined income of both parents and estimates what they would spend on their child if they lived together. The total support obligation is then divided proportionally based on each parent’s income.
Key factors include:
- Each parent’s gross income
- Number of children
- Parenting time (overnights per year)
- Health insurance premiums
- Childcare expenses
- Other support obligations
This model aims to reflect the child’s standard of living had the parents remained together.
Step-by-Step Breakdown of the Calculation
Here is how child support is typically calculated in DuPage County under Illinois law:
1. Determine Gross Income
Gross income includes wages, bonuses, commissions, rental income, and other sources. Certain deductions, like taxes and mandatory retirement contributions, may be considered.
2. Combine Parental Income
The court adds both parents’ gross incomes to determine the total household income.
3. Apply the State Schedule
Illinois publishes a schedule of basic child support obligations based on combined income and number of children. This schedule estimates the total monthly cost of raising the child.
4. Divide the Obligation
Each parent’s share of the total support obligation is calculated based on their percentage of the combined income.
5. Adjust for Parenting Time
If both parents have at least 146 overnights per year, the court may apply a shared parenting adjustment, which reduces the paying parent’s obligation to reflect their direct expenses during parenting time.
6. Add Additional Expenses
The court may include costs for:
- Health insurance premiums
- Uninsured medical expenses
- Childcare
- Extracurricular activities
These are typically split proportionally between the parents.
Modifying Child Support Orders
Child support orders in DuPage County can be modified if there is a substantial change in circumstances, such as:
- Job loss or income change
- Change in parenting time
- Medical needs of the child
- Relocation of either parent
To request a modification, you must file a petition with the DuPage County Circuit Court and provide evidence supporting the change. Modifications can be tricky, so it is best done with the help of an experienced Illinois family law attorney.
Enforcement of Child Support
If a parent fails to pay court-ordered child support, enforcement actions may include:
- Wage garnishment
- Suspension of driver’s or professional licenses
- Tax refund interception
- Contempt of court proceedings
The Illinois Department of Healthcare and Family Services (HFS) offers enforcement services to custodial parents seeking unpaid support. Your attorney can also help you understand the enforcement options available to you, and how non-payment of child support may impact your case.
Seek Guidance from an Experienced Illinois Family Law Attorney
Child support in DuPage County is calculated using a fair and structured formula that considers both parents’ financial contributions and the child’s needs. Whether you are initiating a support order, seeking a modification, or enforcing an existing judgment, understanding the process empowers you to make informed decisions.
At Kulerski & Cornelison, our family law attorneys can assist you. Contact us today for a consultation of your case.