How Can I Get More Child Support for My Child’s Expenses?

 Posted on February 15, 2025 in Child Support

A report released in November 2023 by the U.S. Census Bureau found that 4.1 million parents were receiving cash payment child support. About 2.7 million parents received non-cash support in the form of groceries, clothing, diapers, childcare payments, or medical expenses. Most parents receiving child support (88 percent) did so through court orders, while only about 12 percent had an informal agreement with the other parent.

Almost 21 percent of parents receiving child support have reached out to a governmental agency for help in getting the support payments they are owed. Typically, the parent who spends less time with the children pays child support, although this may not always be the case if the parents’ incomes are highly disparate. In cases where custody is roughly 50/50, the parent with the higher income may be required to pay child support to the other parent.

Child support is meant to keep the child’s standard of living as close as possible to where it was when his or her parents were married. The state of Illinois presumes that both parents will contribute financially to the costs associated with raising children. If you have questions regarding child support, speaking to an experienced Yorkville, IL family law attorney can be extremely beneficial.

How Is Child Support Calculated in Illinois?

Child support is calculated based on:

• The number of children
• The number of overnights spent with the parent with primary custody (unless custody is 50/50)
• The net income of both parents
• Whether either parent receives or pays spousal support
• Whether the parent who will pay child support pays child support to another mother for another child
• The child’s monthly health insurance
• Childcare expenses
• Any extraordinary school or extracurricular activity expenses

Although child support is calculated based on the above factors, a judge can order more or less child support if the amount of support determined based on these calculations would be "inequitable, unjust, or inappropriate." If a judge deviates from these guidelines, he or she must provide a written explanation that details why the deviation is necessary. You can get a rough estimate of the amount of child support to be paid by going to the state’s online child support calculator.

What Are Some Extra Expenses Children May Have?

Assume a couple’s children are toddlers when they divorce. If both parents are working, childcare expenses are probably factored in as a part of the amount of child support. As the children get older and start school, childcare may no longer be needed, but there may be new expenses. A child could have a medical issue that generates significant co-pays, might need braces or other dental work, or could want to attend summer camp.

Children may develop a musical interest requiring instrument or dance lessons or join a sport that requires money for uniforms and trips. Things like school clothing, school supplies, a prom dress, and a driver’s education course can also cost extra money. Once a child gets his or her driver’s license, what about a car and car insurance? How about the cost of college? Any of these expenses require that both parents contribute financially and may require a modification of child support.

How Can the Parent Receiving Child Support Get More Money for Extra Expenses?

There’s no getting around it – children are expensive. The law recognizes that many expenses can arise over the years and believes both parents are responsible for these expenses. A parent who is struggling to pay these extra expenses should first talk to the other parent and try to work out a solution that does not involve court intervention.

If this is not possible, the parent can file a child support modification to ask the court to increase the amount of child support to cover these extra expenses. Generally speaking, a child support order can be reviewed for modification every three years. During those reviews, an existing order will only be changed when the child’s needs have significantly changed or the parent’s financial situation has significantly changed.

If there is a significant change in circumstances before the three-year mark, a modification request can be submitted to the court. The process for a child support modification includes:

• Gather all necessary evidence that will support the request for modification.
• File a Petition to Modify Child Support
• Serve the other parent with a copy of the petition through certified mail or via a process server.
• Attend a scheduled court hearing where evidence will be presented, and the reasons for the modification will be explained.
• If the modification is approved, a new child support order will be issued.

What Should You Do if Your Request for Modification is Denied?

A court is less likely to deny a request for modification for legitimate changes in a child’s expenses and more likely to deny a support modification when one parent’s voluntary unemployment is the reason. Even when a parent involuntarily loses his or her job, the court requires a good-faith effort to find new employment within a reasonable amount of time.

If a modification is requested to pay for a child’s ballet lessons that cost $100 a month, the court may not believe this is a significant enough change to modify child support. A request for modification of child support may be denied when the court believes the parent is making questionable or unnecessary purchases that prevent him or her from paying for the child’s new expenses. If the court denies what a parent considers a legitimate request for a child support modification, the decision can be appealed within 30 days.   

Contact a Kendall County Family Lawyer

You should not have to struggle to pay your child’s extra expenses. A knowledgeable Oswego, IL child support attorney from The Law Office of Matthew M. Williams, P.C. can help you get the money you need to care for your child. Attorney Williams has experience with troubled youth and focuses his practice on mediation and collaborative divorce. This helps those going through divorce reduce their costs while making the process easier and less contentious. Call 630-409-8184 to schedule your initial attorney meeting to discuss your issues and have all your questions answered.