Difference Between Child Support and Contribution to Child Expenses

It is generally known that a parent will likely have to provide child support for minor children to their coparent. However, there is also the matter of determining expenses outside of the scope of child support that a parent will need to contribute to and the percentage of that contribution. 

Child support in Illinois is governed by 750 ILCS 5/505. Child support is typically a set monthly amount of money that one parent must pay to the other parent for the daily expenses of a minor child or children. There may be additional child support owed if a party receives a bonus or a different lump sum, which is calculated by taking a percentage of the additional income and paying it in child support. For more information regarding child support, click here. 

In Illinois, child support is determined by taking into consideration both parent’s income and the amount of overnight parenting time each parent has. Furthermore, if the parties have more children, child support will increase with each additional child. The parent with less overnight parenting time (the non-custodial parent) typically will pay the parent with more parenting time (the custodial parent) child support. The rationale behind this is that the parent with more overnight parenting time will have greater day to day expenses associated with the child than the other parent. Daily expenses are things such as groceries, regular clothing, diapers, formula, and other expenses that come with having an additional person in the home. 

There are also expenses, separate from child support, that parents may be obligated to contribute to. The amount that a parent is required to contribute to is generally a percentage based on both the parties’ incomes, which can be calculated when child support is calculated. If the parties have relatively similar incomes, an equal split of the expenses is common. In the event of a disparity in incomes, the split of expenses should typically take this into consideration as well and have an unequal split. 750 ILCS 5/505 expressly details additional expenses beyond child support that parents may incur. These are generally split into the same categories of decision-making authority: extracurricular activities, healthcare, religion, and education. Extracurricular expenses generally include the cost for registration and equipment whereas education expenses generally include registration fees, tutoring, or graduation expenses. Childcare necessitated by one parent’s employment is oftentimes another expense that is split by the parties, including before/after school care. 

Healthcare expenses may include any out-of-pocket expenses that are not covered by insurance. Furthermore, if one parent has the child or children covered under their insurance, the other parent may be required to pay a portion of the child’s portion of the premium. Oftentimes, parties will elect to either add or deduct the percentage of contribution of one parent to the child(ren)’s health insurance premium from the monthly child support obligation for convenience. For example, if the parent who hold the children on their health insurance pays $20 per month for the child’s portion of the premium and they pay $100 per month in child support, the parties may agree that the child support obligation be $90 per month, deducting 50% of the child’s portion of the premium that the other parent would otherwise pay directly to the parent holding the child on their insurance.

For some people, it is difficult to distinguish between what is covered by child support versus what is an additional child expense that should be contributed to. For example, if both parties need to buy lunchboxes for the children to keep at their respective houses, this is likely not something that should be requested from the other parent as both are bearing some cost. Another example is if one parent buys a winter hat or boots for the child, these are things that generally would fall under child support and not an additional expense. Since there are often exceptions to every generalization, reasonableness is the best way to decipher when unsure if contribution should be requested. 

Another important consideration is to ensure that if you are requesting that your co parent provide contribution to an expense, to be sure that you are following the terms of the allocation judgment and marital settlement agreement or financial order. In regard to the allocation judgment terms, if joint decision making is required, if seeking contribution from the coparent they should agree to the decision. For example, if there is joint decision making required for extracurricular activities, then the parent should be sure that the co parent agrees to an activity before signing them up and expecting contribution. Regarding the marital settlement agreement or financial order, there may be certain notice or document requirements that need to be followed, so it is best practice to keep receipts and logs of expenses incurred for which contribution is sought.

The Law Office of Erin Wilson LLC is able to provide guidance regarding the basics and the nuances of child support and contribution to child expenses. Call the Law Office of Erin M. Wilson to schedule a consultation at 312-767-4220.

NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.