Child support can feel like a black box: a number comes out of a worksheet, and it's hard to know why. Both Indiana and Illinois use a formula called the income shares model, and once you understand the basic steps, the number makes a lot more sense. Here is how it works in each state and what can change it.
The idea behind income shares
The income shares model starts from a simple principle: a child should receive the share of parental income they would have received if the parents lived together. The guidelines estimate what parents at a given combined income would spend on a child, then divide that amount between the parents based on each parent's share of the combined income.
How Indiana calculates support
Indiana courts follow the Indiana Child Support Rules and Guidelines. In general:
- Each parent's weekly gross income is determined, with certain adjustments.
- The incomes are combined, and a schedule provides the basic support obligation for the number of children.
- Work-related child care and the cost of the children's health insurance are added.
- Each parent's share is calculated by their percentage of combined income.
- A parenting time credit may reduce the paying parent's obligation based on the number of overnights the child spends with them.
The Indiana Department of Child Services also helps parents establish and enforce support orders.
How Illinois calculates support
Illinois switched to income shares in July 2017. According to the Illinois Department of Healthcare and Family Services, the guidelines:
- Start with each parent's gross income and convert it to net income using standardized deductions.
- Combine both parents' net incomes and find the basic obligation on a schedule.
- Divide the obligation by each parent's percentage of combined net income.
- Adjust when parents share physical care, generally when each parent has the child for a substantial number of overnights a year.
- Address health insurance and certain other expenses separately.
What counts as income
Income usually includes wages, salary, overtime, bonuses, commissions and many other sources. For police officers, firefighters, nurses and other shift workers, regular overtime and shift differentials can make a real difference, and how they're treated is often a central issue. See our frontline workers family law page.
Can the court order a different amount?
The guideline amount is presumed correct in both states, but a court can deviate when applying it would be unjust or inappropriate, usually with an explanation in the order. Parents can propose an agreement, but the court still has to approve it.
Changing child support
Support can be modified when circumstances change significantly, such as a major change in income or parenting time. Modifications generally apply from the date a request is filed, not earlier, so if your situation changes, don't wait to act.
What to gather before you meet with an attorney
- Recent pay stubs for both parents, if available, and the last two years of tax returns
- Records of overtime, bonuses, shift differentials and other pay
- The cost of the children's health insurance and who provides it
- Work-related child care costs
- Your current or proposed parenting schedule, including overnights
- Any existing support order and payment history
Accurate numbers lead to accurate support. Missing or estimated figures are a common reason support ends up too high or too low.
Common questions
Does 50/50 parenting time mean no child support?
Not necessarily. When incomes differ, a parent may still owe support even with equal time.
What if the other parent is unemployed?
Courts may consider a parent's earning ability, not just current pay, in some circumstances.
Can child support be enforced across state lines?
Yes. States cooperate on interstate support enforcement.
Does child support cover activities and school costs?
Basic support is meant to cover everyday needs. Extracurricular activities, school fees and similar extras are often handled separately in the order, so it's worth addressing them specifically.
Learn more about our child support and child custody services.
If you have questions about your situation, First Response Legal serves clients across Northwest Indiana and the Chicagoland area from our Hammond and Chicago offices. Schedule a consultation.
Sources
- Indiana Child Support Rules and Guidelines, Indiana Department of Child Services
- Child Support: General Information, Indiana Department of Child Services
- Income Shares FAQs, Illinois Department of Healthcare and Family Services
This article is for general information and is not legal advice.