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Family Law · Child support

Child Support Attorney, Cook County

Illinois sets child support with a statutory formula called the income shares model, which estimates what both parents would have spent on the child if the family were still under one roof.

Child support covers the everyday costs of raising a child, and the amount is rarely a guess. Chicago Legal Exchange helps parents in Chicago, Schaumburg and Homewood understand how it is figured, how it is enforced and when it can change.

How the amount is calculated

The court starts with each parent's net income, adds them together, and uses a state schedule to find the basic support obligation for that combined income and number of children. Each parent is responsible for a share that matches their share of the combined income. The court can then add child-related costs such as health insurance, child care and certain medical or extracurricular expenses. The Illinois Department of Healthcare and Family Services publishes an estimator you can use to get a rough figure.

Parenting time matters

If the parenting schedule gives each parent a qualifying share of the child's overnights, a shared-care formula can apply and adjust the result for both households. The threshold and the way time is counted are set by the statute and can change, so ask us how the current rule applies to your schedule. Either way, the parenting schedule and the support number are closely linked, so they are best planned together.

How long support lasts

Support generally continues until the child turns 18, or until graduating from high school if that is later and the child is still in school when turning 18, up to age 19. A court can also address a parent's contribution to college or other post-secondary expenses, usually in the original judgment or a later petition.

Enforcement

Support is normally collected by income withholding, which sends payments from a paycheck to the state disbursement unit. When payments are missed, the court can enforce the order, and unpaid support can accrue interest. If you are owed support or are worried about falling behind, acting early gives you more choices.

Accuracy matters

A missing bonus, an overstated expense or a miscounted overnight can change the figure, so check every input before you agree to a number or sign an order. If the facts behind an existing order have changed, you may be able to ask for an update; see our guide to modification and mediation.

Documents that move the calculation

  • Pay stubs, W-2s and recent tax returns for both parents
  • The cost of the child's health insurance and of child care
  • Any other support orders or children from other relationships
  • The parenting schedule and an honest count of overnights

Whether you pay or receive support

If you receive support, keep your own record of what arrives and when, and know that the state's child support services program can help collect it. If you pay, make payments the way the order directs. Informal side payments may not be credited against what the court ordered.

How we can help

We can review an estimate, gather the documents the calculation needs, negotiate an agreement and represent you at a hearing. We do not promise a particular figure, because the numbers come from your facts and the statute.

Frequently Asked Questions

Do I still pay support if I have parenting time?

Usually yes. Parenting time does not replace support, although a qualifying shared-care schedule can change the calculation.

Can support be ordered if the parents were never married?

Yes. Once legal parentage is established, either parent can ask the court to set support.

Is child support taxable?

Under federal law child support is generally not deductible for the parent who pays and not income for the parent who receives it. Ask a tax professional about credits and dependency questions.

Can parents agree on a different amount?

Parents can negotiate, but a judge has to approve the terms and generally applies the guidelines unless there is a good reason to depart from them.

What if my income changes?

Support can be modified when circumstances change significantly. Until a court changes the order, the existing amount remains due. See our modification guide.

Other family law guides

Official resources

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