Does the Amount of Parenting Time You Have Determine Child Support?
When Illinois parents split up, two questions come up: how much time will I have with my children, and how much child support will I owe or receive? Those two questions are linked, but not in the way most people expect.
The Office of Child Support Services, part of the U.S. Administration for Children and Families, reported that the national child support program served 12.2 million children in fiscal year 2024, showing how many families depend on accurate child support orders. A Joliet, IL child support attorney can help you understand how Illinois child support law applies to your case in 2026.
How Does Illinois Calculate Child Support Using the Income Shares Model?
Illinois uses a method called the "Income Shares" model to set child support. It is laid out in 750 ILCS 5/505. Instead of looking at one parent's income alone, the court adds both parents' net incomes together. That combined figure is matched against a schedule published by the Illinois Department of Healthcare and Family Services to find a basic child support amount. Each parent then pays a share of that amount based on their share of the combined income.
The parent who has the child less often pays their share to the other parent. This makes sense because the parent with more time is already spending money on the child every day, covering food, clothing, and other costs directly. The other parent's payment helps make up for that.
When Does Illinois Parenting Time Directly Change the Child Support Amount?
In most cases, the parenting schedule has no effect on child support. A parent would owe the same amount whether they have the child two nights a week or two nights a month. The number is set by income and the number of children, not by the schedule.
There is one key exception. Under 750 ILCS 5/505(a)(3.8), if each parent has the child for at least 146 overnights per year, the arrangement qualifies as "shared physical care." Once both parents reach that number, a different formula kicks in. The basic child support amount is multiplied by 1.5. This higher figure accounts for the fact that both parents are keeping separate homes for the child, with two bedrooms, two sets of clothes, and two dinner tables. Each parent is then assigned a share of that adjusted amount based on income, and the two shares offset each other. The parent with the higher income still pays, but less than they would under the standard formula.
Fewer than 146 nights means parenting time does not change the math. Once the parent with less parenting time reaches at least 146 overnights per year, the shared-care formula applies. Illinois courts may look at the parenting schedule actually followed in practice, not just the schedule written into the parenting plan, when deciding whether shared physical care applies.
What Costs Can Be Added on Top of the Base Child Support Amount in Illinois
The Income Shares number is a starting point, not the final amount. Illinois courts can add several types of costs on top. These include:
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The child's share of health insurance premiums, split between parents based on their incomes
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Unreimbursed medical, dental, and vision costs
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Child care costs that allow a parent to work or go to school
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Reasonable extracurricular and educational expenses, such as sports fees or tutoring
Two families with the same base support number can end up with very different orders once these costs are added in.
Common Questions Illinois Parents Have About Parenting Time and Child Support
Can a parent ask for more parenting time just to pay less child support?
Illinois courts are not easily fooled by this approach. A judge will not sign off on a parenting schedule that looks designed to cut support rather than serve the child. Parenting time is always decided with the child's best interests first, and a clear attempt to game the 146-night threshold is unlikely to work.
What if a parent does not use all of their scheduled overnights?
When a parent regularly skips their parenting time, the court may fall back on the standard formula. Keeping a log of actual overnight stays is a good idea, especially if you think the issue may come up later.
Can a change in parenting time lead to a change in child support?
Under 750 ILCS 5/510, a big shift in parenting time counts as a substantial change in circumstances. That is the legal standard needed to ask the court to modify an existing support order. If your schedule has changed since your original order was set, it may be worth checking whether your support amount should change too.
Contact Our Orland Park, IL Child Support Lawyers
If you have questions about how parenting time affects child support in Illinois, our attorneys are ready to help. The Foray Hurst Firm is dedicated to Preserving The Dignity of Families In Transition. Both of our attorneys are proud members of the Black Women Lawyers' Association, the Black Bar Association of Will County, the Cook County Bar Association, and the National Bar Association. To speak with Will County family law lawyers, call 312-702-1293 today.





