Split Custody and its Impact on Child Support 

Split or “Joint” custody (when both parents share custody of the child/children equally), can make things even more complicated when trying to determine fair child support.  The guidelines set forth in IMDMA §505 are not clear concerning split custody, and the court’s rulings in cases that address this situation, reflect the difficulties. 

There have been cases where the court has elected to reduce child support, and there have been cases where the court decided to eliminate child support determining that since the parents both had the children 50 percent of the time, they would in fact, be splitting the expenses.  See Marriage of Keown, 225 Ill.App.3d 808, 587 N.E.2d 644, 167 Ill.Dec. 375 (4th Dist. 1992), and Marriage of Flemming, 143 Ill.App.3d 592, 493 N.E.2d 666, 97 Ill.Dec. 859 (3rd Dist. 1986).

An added note of interest, the Appellate court in In re Marriage of Stedadman, 283 Ill.App.3d 703, 670 N.E.2d 1146, 219 Ill.Dec. 258 (3d Dist. 1996), specifically stated that when parties divide the custody of their children in a settlement agreement, there are no specific guidelines for the court to follow.

See Also:

If and When does Child Support Include Post High School Education 

Does Joint Custody or Frequent Visitation Lesson the Support Obligations of the Non-Custodial Parent?