By Jacqueline Stephens Breisch, Partner
When parents are negotiating a divorce or parenting plan, parenting time is not just about scheduling. The allocation of parenting time can also significantly impact child support obligations.
Child Support Trends
Prior to 2017, child support was calculated on a flat percentage basis depending on the number of children in a family. By way of example, in a family with two children, the parent paying child support paid 28% of his or her respective net income in child support.
As trends change in parenting time division, it has become more and more common that the “non-primary” parent is exercising more meaningful time with their children. The legislature made revisions to catch up with this reality for many divorcing families. A parent who cares for a child nearly 50% of the time should not necessarily be paying the same amount of child support as a parent who sees their child every other weekend.
The 2017 revisions created a new threshold that divorcing parents had to pay attention to- for better or worse. That threshold is 146 overnights per year or 40% of total overnights to qualify for “shared” parenting which modifies the child support calculation- significantly reducing a payor’s child support obligation. While the legislature was likely well-intentioned, the unfortunate result is that divorcing parents have made decisions about parenting time schedules not only with their children’s best interests in mind, but also their wallet’s.
Family law practitioners have been raising these concerns to legislatures since the enactment of the 2017 amendments and Senate Bill 3524 seeks to correct this issue.
If signed by Governor J.B. Pritzker, Senate Bill 3524 would take effect on January 1, 2027, and could change how child support is calculated in many shared parenting cases.
While the proposed changes may seem technical, they could have meaningful financial implications for parents throughout Illinois, particularly in high-net-worth divorce and parentage matters.
Lower Threshold for Shared Parenting
Currently, Illinois generally applies its shared physical care child support formula when a parent exercises at least 146 overnights with a child each year.
Senate Bill 3524 would lower that threshold to 110 overnights, or "overnight equivalents."
The legislation recognizes that parenting responsibilities are not always measured solely by overnight stays. Under the proposed law, courts may consider significant periods of parenting time when a child is in a parent's physical care and under that parent's direct supervision, even if the child does not stay overnight.
This change reflects the reality that many parents play a substantial role in their children's daily lives without necessarily having overnight parenting time. For some families, the proposal could create a more accurate reflection of the time each parent spends caring for their children.
New Child Support Calculation Changes
The bill also creates a sliding scale for parents who exercise between 110 and 145 overnights, or overnight equivalents, each year.
Rather than relying on a strict cutoff at 146 overnights, child support calculations would be adjusted more gradually based on parenting time. This approach may reduce disputes over overnight counts and provide greater flexibility when evaluating each family's unique circumstances.
Additionally, the legislation would require parents with child support orders to exchange income information annually.
Why High-Net-Worth Families Should Pay Attention
While these changes could affect many Illinois families, they may be especially important in high-net-worth divorce and parentage cases.
For business owners, physicians, executives, entrepreneurs, and other high-income earners, child support calculations often involve substantial income and complex compensation structures. Even relatively small changes in parenting time calculations can have significant financial consequences.
As a result, parents negotiating parenting plans or child support agreements should understand how these proposed changes may affect both their financial obligations and long-term family law strategy.
Looking Ahead
Although Senate Bill 3524 is not yet law, Illinois parents should be aware of how these proposed changes could affect future child support and parenting time matters.
Whether you are considering divorce, negotiating a parenting plan, or evaluating child support issues, it is important to understand how changes in the law may affect your future. For guidance tailored to your situation, contact us here.