Illinois Child Support Changes in 2027

Big changes are coming to Illinois child support law. On January 1, 2027, Senate Bill 3524 takes effect, amending Sections 505 and 510 of the Illinois Marriage and Dissolution of Marriage Act. These updates shift how courts calculate support in shared parenting cases, adjust the rules for low-income parents, and add new reporting duties for both parents. If you are a parent with a current or future support order, it would benefit you to understand these changes early.

Here is a quick summary of the key 2027 amendments:

• The shared physical care threshold drops from 146 to 110 overnights (or overnight equivalents) per year.
• A new adjustment table applies to parents with 110 to 145 overnights.
• The low-income minimum support threshold rises from 75% to 100% of the Federal Poverty Guidelines.
• A clear modification process now applies when a parent faces incarceration of more than 180 consecutive days.
• Both parents must exchange income information annually and report employment changes within 10 days.

How the Income Shares Model Still Works

Illinois has used the Income Shares model since July 1, 2017. Under this approach, support is based on both parents’ incomes. The court determines each parent’s monthly net income, adds those amounts together, selects the matching figure from the schedule of basic support obligations, and calculates each parent’s percentage share. Senate Bill 3524 does not replace this model. Instead, it changes how the model applies in specific situations.

The New Shared Physical Care Threshold

This is the heart of the 2027 changes. Before Senate Bill 3524, the shared-care formula applied only when each parent had at least 146 overnights per year. Starting in 2027, that benchmark falls to 110 overnights or overnight equivalents (SB 3524, amending 750 ILCS 5/505(a)(3.8)(1)).

Many parents have substantial parenting time without reaching 146 overnights. Although a parent may handle school pickups, weeknight dinners, activities, and homework, that parent may still fall short of the 146 nights.

What Counts as an Overnight

The new law looks beyond simply counting where a child sleeps. An overnight equivalent applies when a parent has significant parenting time on separate days, with the child in that parent’s direct, physical care, even though the child does not stay the night. A court can credit this time as a deviation from guidelines, or the parents can agree to count it.

The Shared Care Calculation and Offset Method

When parents share physical care, the court multiplies the basic support obligation by 1.5 to find the combined shared care obligation. Each parent’s portion reflects their percentage share of the combined adjusted net income. The court then computes each parent’s obligation based on the time the child spends with the other parent and offsets the two amounts. The parent who owes more pays the difference (SB 3524, amending 750 ILCS 5/505(a)(3.8)(2)).

Shared physical care does not erase support. Even when both parents spend significant time with the child, one parent may still owe a child support payment after the math is complete.

The Adjustment Table for 110 to 145 Overnights

For parents who share physical care but have fewer than 146 overnights, the new law adds an adjustment table. The obligation increases by a set percentage based on the number of overnights:

The adjustment shrinks as a parent approaches 146 overnights. Importantly, the final obligation after adjustment can never exceed the amount that the basic guidelines would have produced (SB 3524, amending 750 ILCS 5/505(a)(3.8)(3)). This softens the old 146-overnight cliff and creates a middle ground.

Minimum Support for Low-Income Parents

Senate Bill 3524 raises the income threshold for the minimum support presumption. Before 2027, the minimum applied to a parent earning at or below 75% of the Federal Poverty Guidelines for a household of one. The new law raises that figure to 100% (SB 3524, amending 750 ILCS 5/505(a)(3.3a)).

The amounts themselves stay the same: a rebuttable presumption of $40 per month, per child, capped at $120 per month total. The change means more low-income parents now fall within this minimum-support rule.

Zero-Dollar Orders Remain Separate

The law keeps a distinct zero-dollar provision. For parents with no gross income, who receive only means-tested assistance, or who cannot work due to a proven disability, incarceration, or institutionalization, there is a rebuttable presumption that even the $40 minimum does not apply, and a zero-dollar order may be entered.

Support When a Parent Faces Incarceration

The new law creates a clear process for parents incarcerated for more than 180 consecutive days. A parent in this situation is presumed unable to pay support, though another party can rebut that presumption with evidence of an ability to pay (SB 3524, amending 750 ILCS 5/510(a)(3)).

“Incarceration” here means full-time confinement, including home detention or a jail or prison stay. It does not include parole, work release, or programs that allow a parent to earn money.

Annual Reporting Duties for Both Parents

Support orders entered under the new law require both parents to exchange income information annually. Either parent must also report new employment or a job loss within 10 days to the other parent and to the Clerk of Court (SB 3524, amending 750 ILCS 5/505(h)).

This is broader than the old rule.  Additionally, failing to report a job change, combined with nonpayment for more than 60 days, may result in indirect criminal contempt.

What This Means for Existing Orders

If you have an existing child support order, it is a parent’s obligation to file a petition to modify it. However, the new law introduces several key changes that may affect a parent’s current arrangement:

• Lower Threshold for Shared Care: The shared physical care calculation will apply if a parent has parenting time with the children for at least 110 overnights per year, reduced from the previous 146. If parenting time was close to the old threshold, a parent might now be eligible for a modification.
• “Overnight Equivalents” Recognized: The court may now count significant, regular daytime care as “overnight equivalents.” This means that substantial time spent with a child during the day, even without an overnight stay, may be factored into the shared care formula.
• Relief for Incarcerated Parents: The law establishes a formal process for parents incarcerated for over 180 days to modify their support obligations.
• Required Income Reporting: All new and modified orders will require parents to exchange income information annually.

Frequently Asked Questions

When do the 2027 Illinois child support changes take effect?

Senate Bill 3524 takes effect on January 1, 2027.

What is the biggest change in the new law?

Shared physical care now applies when each parent has 110 or more overnights or overnight equivalents per year, down from the prior 146-overnight threshold.

What counts as an overnight equivalent?

An overnight equivalent is significant parenting time on separate days when the child is in a parent’s direct physical care but does not stay overnight. (such as regular weekday caregiving).

Does shared physical care eliminate child support?

No. The court still applies the Income Shares calculation, the 1.5 multiplier, each parent’s time percentage, and the offset. One parent may still owe support.

How much is the minimum child support obligation?

The minimum is a rebuttable presumption of $40 per month, per child, with a $120 monthly cap. In 2027, it applies to parents earning at or below 100% of the Federal Poverty Guidelines for one person.

Can support be reduced if a parent is incarcerated?

Yes. For incarceration of more than 180 consecutive days, the law presumes the parent cannot pay, and an obligation can be reduced to $0.00 through a notice process unless someone files a timely objection.

Talk With an Illinois Family Law Attorney

The 2027 changes will reshape many support calculations, especially for parents who share substantial time with their children. Whether you are setting up a new order or wondering how these rules affect an existing one, you deserve clear answers built around your family’s needs and your children’s well-being.

At Corri Fetman & Associates, Ltd., we offer strategic, personalized guidance for parents across Illinois. Contact our office today to schedule a consultation for advice tailored to your parenting schedule, income, and goals. We are ready to help you plan with confidence.

About Corri Fetman

Corri Fetman of Corri Fetman & Associates, Ltd. is a nationally recognized divorce and civil litigation attorney and a proven expert on celebrity relationships and divorces. Fetman has practiced law for more than 30 years and heads her own firm in Chicago, Corri Fetman & Associates Ltd. Referred to as the “Love Lawyer™,” Fetman is perhaps most well known for her internationally recognized “Life’s short. Get a divorce™” ad campaign. The “Life’s Short. Get a Divorce™” ad campaign was a viral sensation that was featured in Newsweek and discussed on David Letterman and Jimmy Kimmel. Fetman has been featured in the Wall Street Journal, Chicago Sun-Times, Chicago Tribune, and Chicago Magazine. The Love Lawyer™ has appeared on Good Morning America, CNN, MSNBC, Fox News, Hannity’s Great American Panel, Inside Edition, Telemundo, WGN America, Fox News Chicago, NBC 5 Chicago, ABC 7 Chicago, and CBS 2 Chicago. Fetman was a model and contributing advice columnist for Playboy magazine. Fetman’s other areas of practice include: child custody/visitation, child support, civil litigation, corporate law, employment and labor law, sports & nutrition law, paternity, pre-divorce planning, prenuptial & postnuptial agreements, and post-divorce matters.