The Strategic Divorce Process: Step Three, Understanding Child Support

When I meet a new client, they often tell me the same thing, they just want to be fair. They want their children cared for, their finances to make sense, and their future to feel stable again. That’s exactly what The Strategic Divorce Process was designed to do.

After the Allocation Judgment is entered, the Court order that determines parenting time and decision-making for children, we move on to the Marital Settlement Agreement. This is where we discuss the financial details: 1. Child Support, 2. Spousal Support, and how to divide assets and debts.

We always explain that we wait to discuss child support until after parenting issues are finalized. It’s not just a matter of timing; it’s about fairness. The amount of time a child spends with each parent plays a major role in how child support is calculated. Once we know where the children will sleep and how time is divided, we can then calculate child support.

Child support in Illinois is based on a formula, one that looks at income, parenting time, health insurance, and a dozen other variables that many parents don’t realize matter. Beyond the monthly payment, there are also shared expenses: sports fees, braces, school trips, and medical costs that aren’t covered by insurance. These are usually divided based on income, often 60/40, so each parent contributes a share proportionate to their income.

Something as simple as a change in overnights can have a large impact on the child support calculation. Parents who have less than 40 percent of the overnights often pay nearly double what they would if they had more time with their children. It’s a reminder of how intertwined finances and family time really are.

Taxes and maintenance play a part too. The parent with more overnights usually receives the tax exemption for each child, which can make a meaningful difference in net income. Spousal support (also known as maintenance or alimony) counts as income for the parent who receives it and reduces the net income of the parent that pays it, and therefore, affects the child support calculation as well.

Most child support obligations end when a child turns 18 or graduates from high school, but Illinois law allows for continued support in special situations. For example, contributing to college expenses or caring for an adult child with a disability may result in a financial obligation after age 18. We handle those matters with the same thoughtful planning and fairness as everything else.

Once all the relevant information is known, income, parenting time, health insurance costs, maintenance, and tax considerations, we then use a child support calculator to determine the guideline amount under Illinois law. This calculator is not something we guess at or approximate. It is a tool that allows us to apply the statute accurately and transparently, using real numbers rather than assumptions. When child support is calculated after all variables are finalized, parents can have confidence that the result is fair, predictable, and grounded in the statute.

With child support resolved, families are ready to move to the next step of the process, the calculation of spousal support. Like child support, spousal support follows an equation dictated by Illinois law. In Step Four of The Strategic Divorce Process, we look closely at income disparity and length of the marriage. As with every step, the goal remains the same, creating stability, reducing conflict, and allowing both parties to move forward with clarity and confidence.