How is Daycare Handled in a Divorce Decree in Illinois?

 Posted on December 25, 2024 in Child Custody and Support

Divorcing spouses with very young children face many hard decisions. If both parents work out of the home, one key issue is figuring out how daycare and childcare expenses will be managed. In Illinois, these expenses are treated as part of child support, which means they are addressed in the divorce decree to ensure the children’s needs are met. Understanding how the courts handle these costs can help parents plan for their financial responsibilities after the divorce, and our Illinois child support attorneys are here to help. 

Is Daycare Included in Child Support in Illinois? 

When parents divorce in Illinois, they are both required to contribute to the financial support of their children. Childcare expenses, such as daycare or after-school care, are an important part of making sure a child has what he or she needs to grow and learn, but they are not automatically included in child support orders. 

Instead, these expenses are added, when necessary, to the base child support amount, which is calculated using the Illinois child support guidelines. The guidelines use the "income shares model," which considers the income of both parents. Once the total child support amount is calculated, the court assigns responsibility for daycare expenses based on each parent’s percentage of their total combined income. 

For example, if one parent earns 60 percent of the total income while the other earns 40 percent, the parent with the higher income will typically pay 60 percent of the daycare costs, and the other parent will cover 40 percent.

Do We Need to Include Daycare in Our Divorce Decree?

Daycare and childcare expenses are often specific to the needs of the family. For instance, if a parent works full-time and requires daycare services for a toddler, the court will likely include these costs in the divorce decree. Alternatively, if a child is in school and only needs after-school care, those costs will also be considered. The court will ensure these expenses are necessary and reasonable, meaning they must reflect the actual care the child requires and should not impose an excessive financial burden on either parent.

In addition to the immediate costs of daycare, divorce decrees may address future childcare expenses. For example, if a child is currently at home but will soon need daycare when the caregiving parent begins working, the court order may include those future costs. The decree might also require both parents to agree on childcare providers to prevent arguments over excessive or unnecessary expenses.

How Do I Change Our Divorce Decree if it Does Not Include Daycare? 

Change is part of life, and this is especially true after divorce. If a parent loses a job or if a child requires daycare, either parent can request a change to the child support order. The change request process ensures the child’s needs continue to be met without overburdening either parent financially.

Navigating the legal and financial aspects of childcare expenses in a divorce can be stressful, especially when the stakes feel high and parents are very invested in their children’s wellbeing. Working with an experienced family law attorney ensures these issues are addressed fairly and correctly according to Illinois law. 

Contact a Geneva, IL Child Custody Attorney

If you are facing divorce and need help addressing childcare expenses, contact our Kane County, IL child support lawyer at The Law Offices of Douglas B. Warlick & Associates. We are a highly personalized, boutique firm and will work to ensure your child’s needs are prioritized and that financial responsibilities are assigned fairly. Call 630-232-9700 to schedule a consultation and learn more about how we can help.