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Is Daycare Included in Child Support?
The majority of the children in the United States who are not in school have parents who are in the workforce. This makes childcare critical, not only for working parents but also for the early learning and development of the children. Options for childcare can be limited, and costs are high. Many parents barely make enough at their jobs to pay for childcare. High-quality childcare is simply inaccessible for many families in the United States.
One parent may be designated as the primary residential parent, with the other having parenting time. A comprehensive parenting plan is meant to ensure the child's best interests are consistently met. If you are going through a divorce, having an experienced Wheaton, IL family law attorney from The Stogsdill Law Firm, P.C. to help you is highly advisable. As a large law firm with over 100 years of experience, we have the necessary resources to support you throughout your divorce, yet we offer the highly personalized services of a smaller firm.
How Much Does Daycare Cost in Illinois?
Childcare is one of the largest expenses many Illinois parents face after a divorce. Depending on the child's age and where you live, full-time daycare can cost well over $1,000 per month. For many families, childcare consumes a significant portion of their annual income, making it an important issue when negotiating child support and parenting expenses.
How is Child Support Calculated in Illinois?
Child support is meant to offset the burden of child-related costs, maintaining consistency in the child's standard of living. When one parent has less income or has the children for a greater amount of time than the other, child support allows that parent to ensure the child's needs are met, including paying for daycare. Child support is used to provide food, shelter, utilities, clothing, and other basic needs of the child, along with medical expenses and other wellness needs.
Determining child support in Illinois begins by calculating each parent's net income. The parents' combined net income is then applied to the state's income shares schedule to determine a basic support obligation. Each parent is responsible for a percentage of that obligation based on his or her share of the combined income.
In many cases, the parent with less parenting time pays child support to the parent who has the child for a greater portion of the time. However, the calculation may be adjusted in shared-parenting cases and to account for expenses such as health insurance, daycare, and other child-related costs.
Prioritizing the Child’s Best Interests
The court will sometimes deviate from the calculations above if it is determined to be in the child's best interests. The factors used in this determination include:
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The financial needs of the child
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Each parent's current financial responsibilities
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The educational, physical, and emotional needs of the child
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The standard of living for the child if the parents had not divorced
If you have questions about how support will work in your situation, our experienced firm can help.
How Are Daycare Costs Allocated During an Illinois Divorce?
Whether daycare costs are included in child support will depend on several factors. Was your child in daycare at the time of your divorce? If this is the case, a family court judge will likely presume this decision was made jointly by both parents and should continue as it stands. Depending on each parent's income and which parent is the primary custodial parent, the costs for the daycare will be allocated appropriately.
If the child was not in daycare during the marriage, the allocation of parental responsibilities will first determine whether the child will be put in daycare at all. The allocation of parental responsibilities dictates whether one or both parents share in making major decisions for the child. Major decisions usually relate to education, health, and religious issues. Extracurricular activities may also be included in major decisions.
Where Will the Child Go to Daycare After a Divorce?
While daycare is generally considered an educational decision, it could also be considered a religious decision if the daycare facility is associated with a church, synagogue, temple, or mosque. If you and your ex make these decisions jointly and cannot agree on whether the child should attend daycare or which daycare he or she should attend, you may have no choice but to return to court and let a judge make the decision. An Illinois family court judge will usually choose the least expensive yet adequate daycare facility that is physically near the primary residential parent.
Illinois law states that the amount for childcare to be added to child support is an amount that is adequate to "obtain reasonable and necessary childcare" (750 ILCS 5/505). If the parents have a close relative who is willing to care for the child for less than what a childcare facility would charge, the court may order that option.
When daycare turns into preschool, the specific educational advantages of each preschool become a factor. Whether childcare will be added to child support is a question best answered by your family law attorney, who will understand this determination's many aspects.
Is a Change in Daycare a Reason to Modify Child Support?
In Illinois, child support does not always stay the same after it is set. Courts can modify an existing order when there has been a substantial change in circumstances. A change in daycare costs can qualify.
If your child moves from full-time daycare to an after-school program, costs may drop significantly. If your child needs new care because a previous arrangement ended, costs may rise. Either shift can affect what each parent should reasonably contribute. A court will look at the actual change in expense and decide whether the difference is significant enough to warrant a new order.
You generally need to show that the change is more than minor. If it is, filing a petition to modify support may be the right move.
How Do Childcare Costs Change When Children Grow Up?
Daycare expenses rarely stay flat for long. An infant in full-time care costs far more than a school-age child who only needs after-school supervision a few hours a day. As children get older, their care needs shift, and so do the costs attached to them.
Illinois treats childcare as a necessary expense when it allows a parent to work, attend school, or pursue job training. These costs are typically added on top of the base child support amount and split between the parents in proportion to their incomes. That means if daycare costs rise or fall, the amount each parent owes can change as well.
Keeping records of what you pay for childcare is crucial. Receipts, invoices, and payment confirmations can support your case if you need to go back to court.
What Can I Do to Enforce a Child Support Order?
If the other parent is not paying their share of child support, you have options. Illinois courts take enforcement seriously. A parent who falls behind can face wage garnishment, license suspension, or even contempt proceedings.
Wage garnishment is one of the most common tools. It pulls the owed amount directly from the other parent's paycheck before they ever receive it. If the parent is self-employed or their income is harder to track, enforcement can be more complicated, but it is still possible.
Illinois also allows the state to intercept tax refunds, report unpaid support to credit bureaus, and suspend a driver's license or professional license when a parent falls significantly behind. In serious cases, a court can hold the non-paying parent in contempt, which can carry fines or jail time.
Contact a DuPage County, IL Child Custody Lawyer
When you choose a Wheaton, IL child support attorney from The Stogsdill Law Firm, P.C., you can rest assured you will receive quality service. We are one of the most prestigious law firms in the area and are ready to discuss your parental responsibilities issues as well as any other divorce issues. Contact us at 630-462-9500 to schedule a consultation with one of our experienced attorneys.







