Includes Shared Care (146+ Overnights) Logic (750 ILCS 5/505)
Illinois follows an Income Shares Model under 750 ILCS 5/505. This model calculates support based on the combined net income of both parents, estimating how much would have been spent on the child if the parents lived together.
One of the most critical factors in Illinois child support is the number of overnights. The formula changes drastically at 146 overnights (40% of the year).
If the non-majority parent has fewer than 146 nights, they pay their full prorated share of the Basic Support Obligation.
If both parents have 146+ nights, the Basic Support Obligation is multiplied by 1.5. The parents then offset their obligations based on the percentage of time the child spends with the other parent. This typically results in a lower payment for the higher earner compared to the standard model.
Net Income is Gross Income minus Standardized Tax Amounts (Federal, State, FICA). Illinois uses a standardized table for tax conversion rather than actual tax returns. It also deducts mandatory retirement contributions and union dues.
Generally, a new spouse's income is not included in the parent's income for calculating support. However, courts may consider it if a parent claims they cannot afford support while their household expenses are being covered by a spouse.