As a parent preparing to begin a divorce in Illinois, there’s no doubt your children are your number one priority.
And they should be.
You love your kids and want the world for them.
So now that you're getting a divorce, how do you make sure they get the financial support they’re entitled to and their needs are put first above all else?
That’s where child support in Illinois comes in.
Child support is one of four important topics that must be discussed, negotiated, and resolved by a couple during divorce mediation along with:
The purpose of child support is to ensure that the financial needs of a couple's children are being met by the divorcing spouses.
Many parents think the purpose of child support is to make sure they have enough money after they’re divorced to pay for the items their kids need.
But that’s only partially correct.
Divorce is hard on your children. The fighting and stress can really take a toll on them.
Soon you will no longer be husband and wife, but you’ll always be mom and dad.
"Most parents think the Illinois state child support guidelines output a specific dollar amount and that’s that. But the reality is the guidelines are just a starting point for negotiations.
Plus there are a lot of expenses not covered by the basic child support payment amount.
That's why the best way to come to a fair agreement and ensure your children get the financial support they need is to work with an experienced mediator like me."
- Divorce Mediator Joe Dillon
Federal law requires all 50 states to have a mechanized way by which to determine child support. So every state has a child support guideline and the formulas vary from state to state.
The guidelines are meant to help parents determine a minimum amount of child support to be paid, in an attempt to ensure their children's financial well-being, post-divorce.
Previously, Illinois used something called the Percentage of Obligor Net Income Model.
This model simply took a percentage of the net income of one parent (spouse) and gave it to the other parent (spouse) based on the number of children the couple had together.
But now things have gotten a whole lot more complicated.
Illinois switched over to something called an Income-Shares Model. This model takes into account a wide variety of factors including, but not limited to:
Behind the scenes, the guideline tries to estimate the minimum an average couple in the State of Illinois would spend on their children based on the number of children in question, and the incomes of both parties.
But here's the thing...
You're not an average couple. And your kids don't deserve the minimum.
Typically, most couples disagree with the dollar amount the Illinois child support guideline outputs.
Especially those that live in Chicago, Evanston, or Northbrook where the cost to raise kids is much higher than the state average.
And why wouldn't they?
Who do you think knows how much you really spend on your kids.
You?
Or the State of Illinois?
Even though it may look like it, the IL child support calculator is not a formula, but rather, simply a guideline that suggests to divorcing parents an amount to pay child support.
Meaning...
And can be just a starting point for negotiation.
Don’t forget, this guideline was developed by The State of Illinois. But the State of Illinois doesn’t know the exact payment amount required to ensure your kids are properly supported so they’ll thrive.
Only you know what it truly costs to raise your kids!
It's really up to you and your spouse to decide whether or not you want to follow the output of the Illinois child support calculator. Or negotiate an amount that's more appropriate for your children instead.
Which is not so easy to do given the nature of divorce.
So far, you've learned child support in Illinois is determined by a guideline that outputs an amount that’s open to negotiation.
But you also need to understand that while basics such as food, shelter, and clothing are covered, there are still many other expenses that aren’t.
And as a parent, you know there’s so much more involved than just feeding your kids and putting a roof over their head!
There’s also:
All of these are known as "extraordinary" expenses and are not included in the basic child support calculation.
These items must be discussed and negotiated separately to ensure your children get the financial support they need and deserve.
In addition to the regular and “special” costs associated with raising a child, there are even more issues that need to be addressed in the child support discussion.
Such as:
Making the list of what is not resolved by using the calculator longer and longer.
As if all of this wasn't complicated enough, guess what?
Since the Illinois child support guideline takes into account the incomes of both parties, you and your spouse will first need to agree on a maintenance amount, before you can agree on a child support amount.
Because maintenance is considered a reduction in income for the party that is paying it, and an increase in income for the party receiving it.
And those new incomes for each of you will need to be inputted into the guideline calculator.
Maybe you're wondering, "How am I going to know how much maintenance I can afford to pay, or will need to receive until we get this child support amount sorted out?"
It's kind of a "chicken and egg" thing, isn't it?
Sounds scary, doesn’t it?
That’s why it’s better for parents to negotiate this issue and that’s exactly what mediation is all about.
In Illinois, when you use mediation, you get to decide - and come to an agreement that puts your children first and you both agree is fair - out of court - instead of letting a stranger decide a child support order for you.
And as you’ve learned, there is more than meets the eye on this topic. So don't risk putting your children's financial future in jeopardy by trying to resolve child support on your own.
It’s better to mediate child support (and your divorce) with us instead.
One that covers all regular, extraordinary, and future expenses.
Because no two situations are alike.
Your children are unique and your child support agreement should reflect that, too.
Early in the process?
The choices you make before you start your divorce are critical.
But you can only make smart choices if you take the time to prepare first! Learn how.
Other Useful Resources: