Is Daycare Included in Child Support?  

 Posted on November 29, 2024 in Child Support

More than two-thirds of the children in the United States who are not in school have parents who are in the workforce. This makes childcare critical, not only for working parents but also for the early learning and development of the children. Options for childcare can be limited, and costs are high. Many parents barely make enough at their jobs to pay for childcare. High-quality childcare is simply inaccessible for many families in the United States.

In the state of Illinois, there were approximately 813,447 children under the age of six in 2023. A significant portion of those children (135,348) also lived in poverty. The percentage of those children whose parents both worked was 71.1 percent. 89,745 parents reported quitting a job, not taking a job, or significantly changing their jobs because of childcare problems.   

Clearly, childcare is an issue for married parents who live together. For divorced parents, it can be a much greater issue. Which parent pays for childcare? Which parent gets to choose the daycare facility? These and many more questions must be addressed during the determination of parental responsibilities.

One parent may be designated as the primary residential parent, with the other having parenting time. A comprehensive parenting plan is meant to ensure the child’s best interests are consistently met. If you are going through a divorce, having an experienced Wheaton, IL family law attorney from The Stogsdill Law Firm, P.C. to help you navigate these complexities is extremely beneficial.

How Much Does Daycare Cost in Illinois?

In Illinois, the average daycare cost for an infant is $13,802 per year or about 20 percent of the median family income. Since the full-time minimum wage salary in the state is $20,800, the average daycare cost would take 66 percent of a single parent’s salary who makes minimum wage. The average annual rent in Illinois is $11,702, so it is easy to see why daycare costs are such an important issue during a divorce.

How is Child Support Calculated in Illinois?

Child support in the state is meant to offset the burden of child-related costs, maintaining consistency in the child’s standard of living. When one parent has less income or has the children for a greater amount of time than the other, child support allows that parent to ensure the child’s needs are met, including paying for daycare. Child support is used to provide food, shelter, utilities, clothing, and other basic needs of the child, along with medical expenses and other wellness needs.

Determining the amount of child support requires calculating each parent’s net income. Gross incomes are run through a gross-to-net conversion chart, and then both net incomes are combined. Each parent’s percentage of this total is calculated. The combined net incomes are plugged into an income shares chart to determine the basic child support amount. The resulting number is multiplied by the percentage of the total net income for each parent.   

These amounts are each parent’s child support obligations. The primary physical parent, who has the majority of parenting time, is presumed to already be paying his or her calculated share. The parent with parenting time is the "paying parent," and his or her child support obligation is the percentage number from the calculations above.

The court will sometimes deviate from the calculations above if it is determined to be in the child's best interests. The factors used in this determination include:

• The financial needs of the child

• Each parent’s current financial responsibilities

• The educational, physical, and emotional needs of the child

• The standard of living for the child if the parents had not divorced

How Are Daycare Costs Allocated During an Illinois Divorce?

Whether daycare costs are included in child support will depend on several factors. Was your child in daycare at the time of your divorce? If this is the case, a family court judge will likely presume this decision was made jointly by both parents and should continue as it stands. Depending on each parent's income and which parent is the primary custodial parent, the costs for the daycare will be allocated appropriately.

If the child was not in daycare during the marriage, the allocation of parental responsibilities will first determine whether the child will be put in daycare at all. The allocation of parental responsibilities dictates whether one or both parents share in making major decisions for the child. Major decisions usually relate to education, health, and religious issues. Extracurricular activities may also be included in major decisions.

While daycare is generally considered an educational decision, it could also be considered a religious decision if the daycare facility is associated with a church, synagogue, temple, or mosque. If you and your ex make these decisions jointly and cannot agree on whether the child should attend daycare or which daycare he or she should attend, you may have no choice but to return to court and let a judge make the decision. An Illinois family court judge will usually choose the least expensive yet adequate daycare facility that is physically near to the primary residential parent.

Illinois 750 ILCS 5/505 (a)(3.7)(C) states that the amount for childcare to be added to child support is an amount that is adequate to "obtain reasonable and necessary childcare." If the parents have a close relative who is willing to care for the child for less than a childcare facility would charge, the court may order that option. When daycare turns into preschool, the specific educational advantages of each preschool become a factor. Whether childcare will be added to child support is a question best answered by your family law attorney, who will understand this determination's many aspects.  

Contact a DuPage County, IL Child Custody Lawyer

When you choose a Wheaton, IL child support attorney from The Stogsdill Law Firm, P.C., you have taken an important step toward a fair division of financial responsibilities for your child. As a large law firm with extensive experience, we have the necessary resources to support you throughout your divorce, yet we offer the highly personalized services of a smaller firm. We are one of the most prestigious law firms in the area and are ready to discuss your parental responsibilities issues as well as any other divorce issues. Contact The Stogsdill Law Firm, P.C. at 630-462-9500 to schedule a consultation with one of our highly skilled attorneys.