Do I Have to Pay Child Support With 50/50 Custody in Chicago, IL?
Some parents in Chicago choose to share equal custody of a child after divorcing. However, custody differs from supporting a child financially. Even with sharing 50/50 custody in Chicago, IL, you or a former spouse may have to pay child support.
Illinois calculates support based on both parents’ incomes, not just how much time the child spends with each parent. Keep reading to learn how child support is determined and what it could mean for your situation.
The Difference Between Child Custody and Child Support
In Chicago, the court treats child custody and child support as two separate legal matters. Custody is about which parent the child lives with and who makes decisions for them.
Sometimes, parents share custody equally if it works well for the family. Other times, one parent, also known as the custodial parent, may have the child most of the time, while the other has scheduled parenting time.
Child support is about ensuring both parents help pay for the child’s needs. Chicago courts use the income shares model, which looks at both parents’ incomes to figure out how much support is needed.
Even when parents share custody 50/50, child support might still be ordered. It depends on each parent’s income and how they split responsibilities for the child’s care.
Factors in Determining Child Support When Couples Share 50/50 Custody
Child support in Chicago strives to secure a child’s standard of living after parents divorce, as shared parental income would have been if the parents had remained married.
These factors, combined with the income shares model, help determine if support is required in a 50/50 custody arrangement:
- A Child’s Needs: These may include education, extracurricular costs, medical expenses, and other special needs specific to your child.
- Income Gaps: Each parent’s income can vary substantially from the other. Income disparities in Chicago between parents can impact a child’s standard of living from one household to another.
- Number of Children: The number of children that parents share determines the need for support. As the number of children impacted by divorce increases, expenses may grow, as well as disparities.
Even with shared custody, these factors can lead to a child support obligation when necessary to maintain the child’s well-being.
Sometimes, the courts may deviate from the guidelines for determining child support. Deviating from the guidelines is based on each family’s unique circumstances. Sometimes, a parent’s income may radically fluctuate, staying at home may be more beneficial to a child, or a child’s extracurricular needs may exceed the standard. The courts will consider the need to deviate.
Additional Tools the Courts Use to Award Child Support When Parents Share 50/50 Custody
Even when parents split custody equally, the court can still decide that one parent should pay child support. That’s because making sure a child is financially supported is one of the court’s top priorities. The law expects both parents to help support their child, no matter how parenting time is divided.
Judges also look at what is in the child’s best interests. Child support helps cover basic needs like food, housing, and school costs, and it helps make sure the child has a good quality of life.
In some cases, one parent ends up paying for more of the child’s needs, even with 50/50 custody. When this happens, the court might order child support to make things fair and prevent one parent from carrying too much of the financial load.
Modifying Child Support Orders With 50/50 Custody
Sometimes things in life change, and you might need to ask the court to change your child support order. This could happen if you or your child’s other parent starts making more or less money, if your child needs more support, or if you learn something new about the other parent’s finances.
You can’t just stop paying child support without the court’s approval. Even with 50/50 custody, both parents must help take care of the child. Paying support may not seem fair when you share time equally, but it can still be important to make sure your child has what they need to grow and succeed.
Contact the Chicago Child Support Lawyers at KHK Family Law & Divorce Attorneys for Help Today
If you’re dealing with a challenging divorce, we’re here to help.
To learn more and get the help you deserve, call our Child Support lawyers or reach out to KHK Family Law & Divorce Attorneys online by visiting our contact us page.
We serve Cook County and surrounding areas in Illinois. You can also visit our offices in Chicago. We are conveniently located in:
KHK Family Law & Divorce Attorneys Chicago Office
166 W Washington St suite 400, Chicago, IL 60602, United States
(312) 702-0068