When navigating a divorce or parentage matter, many clients can feel overwhelmed with the process and how various factors may or may not impact their case. How will my income impact support? How will my spouse and I divide holiday time with our children? Will I have to go before a judge to finalize my case? The list goes on given the sensitive and complex nature of family law matters.

One of the most commonly asked questions is how parenting time and child support impact each other. In recent years, the Illinois Marriage and Dissolution of Marriage Act was updated to state that the number of overnights exercised by each parent will impact the child support obligation from one parent to another.

For example, if both parents spend more than 146 overnights per year with their children, the child support obligation is different than if one parent spends under 146 overnights with their children per year. Illustratively, if the parent obligated to pay child support spends 146 overnights or more with their children per year, their child support obligation is less than if they spent 130 overnights with their children. A child support obligation is further altered if each parent spends 183/182 overnights with their children each year given the equal nature of their parenting time schedule.

Taking the parenting time schedule into account when determining child support can better equalize the financial burden on each parent. However, while the intention behind this change in the law is to set realistic child support obligations, it can lead to unnecessary litigation regarding parenting time. Regardless of your opinion on the law, it is important that all individuals engaged in a family law matter understand the interaction between child support and parenting time so they can make an informed decision regarding the issues in their case.

The law can be confusing and overwhelming. However, the attorneys at Beermann LLP are more than happy to answer all your questions and help you navigate through your family law matter.

Tayler A. Geisinger, Associate

For more on Ms. Geisinger, please visit:
www.beermannlaw.com/team/tayler-a-geisinger.