Can Moms Be Ordered to Pay Child Support in Illinois?

 Posted on December 13, 2024 in Child Support

A little more than five decades ago, a woman could not even obtain a credit card without her husband’s signature. Significant strides have been made by women since then, and today, more women are earning university degrees and even graduate degrees than men. This means that more women today are the primary breadwinners for their families.

Changes in the economic status of many women are reflected in the allocation of parental responsibilities and in the awards of child support. At one time, moms were more likely to be awarded primary parenting time with the children, and dads were more likely to pay child support, but neither of these is true today.

Fathers are often awarded more parental responsibilities and parenting time than mothers, and mothers are just as likely as fathers to be ordered to pay child support. If you have concerns about which parent will be ordered to pay child support, talk to a Wheaton, IL family law attorney who can answer your questions and guide you through the process.

How is Illinois Child Support Calculated?

Prior to the implementation of new laws in July 2017, the method of calculation for child support was potentially easier but was not as equitable when determining which parent would pay and how much was paid.

Before the law changed, child support was calculated by taking the couple's number of children and a percentage of the net income of the parent – usually the father - who was going to owe child support (20 percent for one child, 28 percent for two children, 32 percent for three children, and so on).

Once that law changed, the calculations for child support became more complex – but also fairer to both parents. Under the new Illinois child support law, the incomes of both parents are now considered in the calculation of child support. The process is as follows:

• Each parent’s net income is determined by running their gross income (salary, overtime, and bonuses) through a gross-to-net conversion chart.
• The net income of both parents is added together to reach the combined net income.
• Calculations are made to calculate what percentage of the parent's combined net income is represented by each parent’s net income.
• The combined net income of both parents is put into the income shares calculator to determine basic child support obligation.
• The resulting number from the income shares calculator is then multiplied by each parent’s percentage of the combined net income, resulting in each parent’s child support obligation.
•  It is presumed that the parent who has the children most of the time is already contributing his or her fair share. The amount calculated for the parent with less parenting time will be paid to the parent with the majority of parenting time.

Even in situations where parenting time is divided equally if one parent has substantially more income than the other, then child support will be owed to the lesser-earning parent.  

What Is the Goal of the Court During the Determination of Child Support?

The court expects the parents to provide the same level of support to the children as the children would have received had the parents stayed together. While it is obviously more expensive to maintain two households than one, this often means that the parents are required to spend more money on their children than they did when they were married. When considering the cost of raising children for the purpose of child support determination, any extraordinary expenses for a child can be taken into account. For example, it will be determined how healthcare will be paid for by the parents.

Perhaps one parent will be responsible for keeping the children on his or her employer-sponsored insurance, and the other will be responsible for co-pays and deductibles. Daycare is a major expense for parents, and that must also be a consideration. The parents may split the cost of daycare, or it could be apportioned by the court based on each parent’s income. If the couple has a special needs child, expenses related to those needs will be considered and split fairly.

As children grow older, additional expenses may be associated with extracurricular activities, summer camps, musical interests, or medical needs. If the parents are unable to determine who will pay these expenses between themselves, either parent may ask the court for a modification of child support. Modifications are only granted when there has been a substantial change in the current situation.

If one parent loses his or her job, becomes ill, or is involved in an accident, this would usually be considered a substantial change. Changes for the children may also warrant a modification of child support. If a child develops a serious illness requiring significant medical intervention, the court may need to help the parents determine how these costs will be split. The court’s goal from beginning to end will be to consider the child's best interests. The parents’ wants and needs are secondary to this goal.

When Do Mothers Pay Child Support?

The answer is simple: if, according to the calculations above, it is in the child’s best interests for the mother to pay child support, then the court will order the mother to pay child support. There is no hidden agenda on the part of the court. Supporting one’s children is a legal and moral obligation both parents are bound by. Children have a legal right to financial support from both parents.

If the mother of the children makes more money and/or has less parenting time, then she will pay child support and vice versa. Child support is generally paid until the child or children turn 18 or graduate from high school. Exceptions include a child with special needs who requires the support of both parents after the age of 18.

Contact a DuPage County, IL Child Support Lawyer

Allocating parental responsibilities, determining parenting time, and calculating child support can be fraught with emotion and contentiousness. A Wheaton, IL, child support lawyer can help smooth the process and make it easier for all those involved. When you choose The Stogsdill Law Firm, P.C., you have chosen one of the most prestigious firms in the area. We are a large law firm with extensive experience and resources to benefit all your family law issues. Call 630-462-9500 today to schedule your initial meeting with one of our knowledgeable attorneys.