How Does Shared Custody Impact Child Support Payments?

 Posted on May 30, 2025 in Child Support

Child custody arrangements are an essential factor in determining child support obligations. Many parents assume that if they share custody equally, neither parent will owe child support. However, that is not always the case. Illinois law takes into account both the time each parent spends with the child and each parent’s income when deciding support requirements.

Even with shared or "50/50" parenting time, one parent may still be required to make payments to make sure that the child's needs are met in both households. An experienced Yorkville family law attorney can help you understand your rights, calculate fair payment amounts, and prioritize your child's best interests.

What Does Shared Custody Mean in Illinois?

The legal term for custody in Illinois is "parenting time." Shared custody typically refers to both parents having significant time with their child, often close to or an exactly equal number of days. Under state law, shared parenting is specifically defined as each parent having the child for at least 146 overnights per year.

This 146-night threshold is crucial because it changes how child support is calculated. When both parents meet or exceed this number of overnights, the state applies a different formula than it would in a traditional custody arrangement.

Does Equal Parenting Time Eliminate Child Support?

Even if both parents share time with the child equally, child support can still be required. Illinois uses an income shares model to calculate the total amount both parents would be expected to spend on their child together. That amount is then proportionally divided based on each parent’s income.

This means that if one parent earns significantly more than the other, he or she will likely be required to pay child support, even if he or she has the child for the same number of overnights. The goal is to provide the child with a similar quality of life in both homes, rather than simply balancing time.

How Does the 146 Overnight Rule Affect Calculations?

When both parents have at least 146 overnights per year with the child, the child support calculation is adjusted to reflect the shared parenting arrangement. This is known as the shared parenting formula. The standard income shares method is still used as a baseline, but it is then modified to consider the increased cost of maintaining two households where the child lives for significant amounts of time.

The process includes four main steps:

• Calculating the total child support obligation using both parents’ incomes

• Determining each parent’s share of that amount based on income percentages

• Multiplying each parent’s portion by 1.5 to account for shared parenting costs

• Subtracting the lower amount from the higher to determine the payment owed

This adjustment ensures that both parents contribute fairly, not just in terms of time, but also financial support.

What If One Parent Earns Significantly More?

When one parent has a much higher income than the other, he or she will typically be required to pay support even if custody is equally shared. The goal is to prevent situations where a child lives comfortably in one home but struggles in the other.

Support obligations may be impacted by several income-related factors, including salaries, bonuses, business income, and other financial resources. Even in shared custody situations, the parent with more financial means may need to provide additional support to help maintain the child’s standard of living.

How Are Additional Expenses Handled?

Shared custody does not mean that all child-related costs are automatically covered under basic support payments. In addition to monthly child support, parents may also be responsible for dividing other essential expenses, including:

• Medical and dental costs not covered by insurance

• Educational expenses, including school fees and supplies

• Necessary childcare expenses for a parent to work or attend school

• Costs for extracurricular activities like sports, music lessons, or tutoring

These expenses are usually divided in proportion to each parent’s income and can be outlined in a parenting agreement or court order.

Can Parents Reach Their Own Agreement on Child Support?

While parents can work together to make an agreement, it must be reviewed and approved by the court. Parents are encouraged to collaborate on a support plan that suits their child’s needs, but the court will need to ensure that the agreement meets legal standards. The judge will evaluate whether the proposed support adequately provides for the child’s health, education, and overall well-being.

The court may reject an agreement if it falls below the guideline amount without a valid reason or if it appears to be unfair to the child. Therefore, even when reaching a private agreement, parents should seek legal guidance to have it legally approved.

Can Parents Modify Child Support in Shared Custody Cases?

Child support obligations are able to be altered. If there is a substantial change in circumstances, either parent can petition the court to modify the current support order. This could happen if one receives a significant raise, loses employment, or needs to modify the parenting time schedule.

Custody arrangements may also be modified if one parent begins spending considerably less time with the child than originally agreed upon. In these cases, the court may instead apply the standard income shares model, which often results in a higher payment from the parent with less parenting time.

When seeking a modification of support, it is important to work with a knowledgeable family law attorney to effectively show proof of a significant change. If approved, the court will recalculate support based on the same statutory formulas used in the original order.

Contact a Kendall County, Illinois Child Support Attorney

Shared parenting arrangements are often beneficial for children, but they come with various financial intricacies. Even when time is equally split, one parent may still be required to provide child support. Illinois law is designed to ensure that children receive consistent care and support in both homes, and every case must be evaluated based on its unique circumstances.

If you have questions about how child support is calculated or need help adjusting an existing order, contact a Yorkville, IL child support lawyer at Goostree Law Group. Call us today at 630-584-4800 to schedule a free consultation and learn how we can help protect your child’s future.