Illinois Child Support: How Does the State Make the Determination?
When discussing Illinois child support, the laws follow "shared income". Essentially, this means the state considers both parents’ income when determining child support. With this formula, the court calculates support based on their incomes. In addition, the court considers the number of overnights the child will spend with each parent.
Subject to court approval, parents may develop their own alternative child support agreement. If parents opt to follow this route instead, they don't rely on the standard formula. Furthermore, parents decide the allocation of funds rather than the court.
Factors to Consider in Your Illinois Child Support Agreement
When crafting an Illinois child support agreement, parents often start with Mediation or Collaborative Divorce. Through these services, parents work together to develop a child support plan.
Once the agreement is formed, the court needs to approve it. Holistically, the court approves agreements if the plan is consistent with statutory guidance and in the best interests of the children.
Mandatory Requirements for Agreements
For Illinois child support agreements, the court holds several mandatory requirements. Notably, these requirements include:
Food
Shelter
Clothing
Additional Support Issues for Agreements
Aside from the mandatory requirements, Illinois child support agreements also resolve additional support issues. In the event of "additional support issues", parents should include those expenses, in addition to basic child support expenses. By doing so, parents have a much more thorough agreement from the outset.
When discussing additional support issues, they may include:
Health insurance premiums.
Out-of-pocket medical expenses.
Extracurricular school activities.
Music lessons, dance lessons, acting lessons, etc.
Childcare costs that are due to a parent working.
Educational expenses that may be outside of the statutory formula.
Other expenses related to a particular child.
Overall, the statutory formula has changed over the years. While the state legislature continues to work to correct its formula, parents need solutions in the meantime. Along those lines, neutral financial professionals may assist with creating the child support agreement. However, the ultimate plan entails a child support arrangement that maximizes resources for all and makes sense for the family.
Modification to Illinois Child Support Orders
Children’s needs change over time. For example, parents who change employers may alter their original income. Because of this, there may be a mechanism to modify Illinois child support orders.
With this path, the court allows parents to return to court for help if the parents cannot resolve how to handle the changes. Generally, parents find greater satisfaction when they resolve matters outside the costly court process.
In addition, parents occasionally return to Mediation or the Collaborative Divorce team for assistance in changing the support order. For legal guidance with your child support agreement, contact the family law firm at Legal Solutions — Collaborative Family Law.
