In Illinois, child support is an important obligation for all unmarried parents, as it works to ensure that their children’s needs are provided for. However, child support can also be a source of confusion and consternation for parents with complicated or unusual financial circumstances. Many parents who are ordered to pay child support receive some or most of their income from self-employment or a business or professional practice that they own. In these cases, determining a parent’s child support obligation is not always straightforward.

The Basic Child Support Calculation in Illinois

Since 2017, Illinois has used a standard calculation to determine each parent’s expected financial contribution to provide for their children’s basic needs. This calculation uses an “income shares model” in which a parent’s support obligation is based in large part on their portion of the combined net income of both parents. This means that for a child support order to be equitable, it is important to have an accurate understanding of each parent’s income.

Net income not only includes income from employment, but also many other sources. Even parents whose income is primarily from wages paid by an employer will need to report other sources of income for the purposes of calculating child support, and this can include income from a side business. For parents whose primary source of income is their own business, it will be important to thoroughly review the business’s revenue and expenses.

When a child is born to unmarried parents in Illinois, there are often complicated questions surrounding child support and custody, or even the identity of the child’s biological father. When the parents are in general agreement on the answers to these questions, a Voluntary Acknowledgment of Paternity (VAP) can help to simplify the process. However, in some cases, complications may arise in the midst of an attempt to voluntarily establish paternity, and it is important that parents know how to handle them.

Presumed Fathers and Denials of Parentage

When only one man has a claim of fatherhood, establishing legal paternity can be as simple as completing a Voluntary Acknowledgment of Paternity form, ensuring that both parents and a witness sign it, and filing it with the Illinois Department of Healthcare and Family Services (DHFS). Upon completion, the acknowledged father will have an obligation to contribute to child support, and the parents can petition the court for an order allocating parenting time and parental responsibilities.

When couples choose to create a prenuptial agreement, their reason for doing so is often a desire to clarify each partner’s rights to certain property and assets both during the marriage and in the event of a possible divorce in the future. During this discussion of the couple’s finances, it is also possible, and in some cases beneficial, to determine how spousal support will be handled if the marriage ends in divorce.

Including or Excluding Spousal Maintenance in a Prenup

Under the terms of the Illinois Uniform Premarital Agreement Act, a couple has the ability to address “the modification or elimination of spousal support” in their prenuptial agreement. This means that you and your partner can iron out this often complicated matter well before a potential divorce and when the two of you are on good terms. Your prenup could address details including the amount and duration of spousal support, as well as the method by which it will be paid.

On a fundamental level, Illinois law seeks to ensure that a child’s basic needs are met and that whenever possible, both parents contribute financially to meet them. However, many parents find it important to provide their children with more than the basics, perhaps because they have the means to do so, or because their children have special needs that result in additional expenses. In the event of a divorce or any other situation involving a child support order between unmarried parents, it is important to consider the full range of expenses for which each parent should be expected to provide.

Extraordinary Child Support Expenses

The baseline amount that parents are expected to contribute to child support is determined in large part using a schedule of basic child support obligations maintained by the Illinois Department of Healthcare and Family Services. The schedule considers the combined income level of the parents, as well as the regular annual costs of raising a child, including food, clothing, shelter, transportation, and minor educational and medical expenses.

If you are divorced with kids and remarry someone who also has children, it is sometimes referred to as a “blended family.” As the kids’ stepparent, you may have experienced just how rewarding it can be to grow your relationship with your stepchildren and solidify your new family unit. In some cases, it may be a good idea to take the relationship one step further by legally adopting your stepchild or stepchildren. Illinois law outlines a process for doing so, and an adoption attorney can guide you through the necessary steps.

When Is a Stepparent Adoption Possible in Illinois?

If you are legally married to a child’s biological or legal custodial parent, you may be eligible to adopt the child. Illinois law treats stepparent adoptions similarly to adoptions by other relatives, such as grandparents and siblings, meaning that the process is simplified when compared to an agency adoption or independent, non-related adoption. For example, you do not need to establish six months of Illinois residency, and you will likely not be required to undergo a home investigation. However, you will need to file a petition for adoption in court, as well as obtain the necessary consent.