by Anthony Abear

The Illinois Senate recently unanimously passed Senate Bill SB3524, a proposed law that
could significantly change how Illinois courts calculate child support in shared parenting
cases. If ultimately passed by the Illinois House and signed into law, the legislation is
expected to become effective January 1, 2027. For divorced and separated parents —
particularly those involved in substantial shared parenting arrangements — the proposed
revisions could have a major financial impact.

What Is the Current Illinois Law?

Under current Illinois law, the “shared physical care” child support calculation applies when
each parent exercises at least 146 overnights per year with the child (true overnights). If a
parent exercises fewer than 146 overnights, the standard child support guidelines (aka the
normal “child support multiplier”) will usually apply instead. However, if a parent enjoys
146 true overnights or more then the child support calculation is more gentle on the party
having less than the primary caretaker-parent; that is, the parent having fewer true
overnights than the primary care parent is accessed a lower multiplier based upon his/her
“sharing” the children more than 40% of the year (40% x 365 nights = 146 overnights).

Current Framework is Criticized

This framework has increasingly been criticized because many modern parenting schedules
involve substantial parenting time that does not neatly fit into traditional overnight
calculations.
For example:

• after-school parenting time,
• evening parenting time,
• late-night parenting time,
• extensive weekend time,
• or split-day parenting schedules.

The “Overnight Equivalent” Standard:

The Proposed “Overnight Equivalent” Standard SB3524 attempts to address this issue b
introducing the concept of “overnight equivalents.”
Under the proposed legislation, Illinois courts would be permitted to consider significant
parenting periods occurring on separate days — even where the child does not actually
sleep overnight with the parent.

The bill specifically provides that overnight equivalents may be used if the parent has
significant parenting time periods on separate days in which the child is in the parent’s
physical care and under the direct care of that parent but does in fact actually not stay
overnight. This represents a potentially substantial shift in Illinois family law.

In practical terms, a parent who regularly exercises:

• after-school parenting time,
• dinner parenting time,
• evening parenting time,
• late return parenting schedules,
• or substantial daytime parenting responsibilities,
  

may now receive recognition for that parenting time within the child support calculation.

Illinois Appears to Be Following a National Trend

Illinois is not alone in moving toward recognition of “overnight equivalent” parenting schedules. Several other states already recognize variations of this concept. Examples include:

Indiana:

Indiana applies a shared parenting calculation beginning at approximately 52 overnights or overnight equivalents annually.

Maryland and Colorado:

Maryland and Colorado utilize calculations beginning at approximately 92 overnights or equivalent parenting periods.

States recognizing overnight equivalents include:

• Minnesota
• Indiana
• Maryland

Additional Important Changes Proposed by SB3524

1. Shared Parenting Formula Changes

The legislation proposes:

• multiplying the basic support obligation by 1.5 in shared care cases,
• allocating support proportionally based upon each parent’s income,
• offsetting the parties’ obligations against one another,
• and creating a statutory adjustment table for parenting arrangements involving fewer than 146 overnights or overnight equivalents.

Importantly, the legislation also proposes that the adjusted shared parenting obligation may not exceed what would otherwise have been ordered under the standard guideline calculation.

2. Incarcerated Parents

SB3524 would create a rebuttable presumption that a parent incarcerated for more than 180 days lacks the ability to pay child support.

3. Minimum Child Support Presumption

The legislation also proposes a rebuttable presumption establishing minimum child support of $40 per month, per child, for obligors whose income falls at or below 100% of the federal poverty guidelines for a single-person household.

4. Annual Income Exchange Requirements

The bill would further require:

• annual exchanges of income information between parents,
• notification within 10 days of obtaining new employment,
• notification within 10 days of employment termination,
• and written verification of net income.

Why All This Matters

If enacted, SB3524 could substantially affect:

• child support obligations,
• parenting schedule negotiations,
• mediation strategy,
• settlement agreements,
• modification proceedings,
• and trial presentations involving parenting time.

For many parents, the proposed legislation recognizes a reality long argued in Illinois courts: substantial parenting responsibilities do not always occur through traditional overnight schedules.

Final Thoughts

The Illinois Senate Bill passed unanimously– and that should not be taken lightly. However, SB3524 has already passed the Illinois Senate unanimously, the legislation must still pass the Illinois House and ultimately be signed into law before taking effect.

But the bill’s unanimous Senate approval strongly suggests significant legislative momentum.

Parents presently involved in:

• custody disputes,
• parenting time litigation,
• child support modification proceedings,
• or shared parenting negotiations

should closely monitor further developments concerning this legislation.

If passed and signed into Illinois law, SB3524 may become one of the more significant Illinois child support revisions in years.

by Erika Eassa

The Illinois Supreme Court requires the use of standardized financial affidavit forms in all family law matters involving financial issues, including child support, maintenance, attorney’s fees, and asset allocation.

One of the most significant recent updates impacting family law cases is the 2025 revision to Illinois Financial Affidavit forms. 

Beginning in June 2025, revised Financial Affidavit forms were approved statewide, requiring more detailed disclosures regarding:

• Employment and business income
• Investment and retirement accounts
• Cash equivalents and business interests
• Pending lawsuits and claims
• Insurance and other financial assets

These expanded disclosures reflect the courts’ continued emphasis on financial transparency in divorce and post-decree matters. Failure to fully complete the updated affidavit may result in delays, rejected filings, or court sanctions. 

The financial affidavit is one of the most important documents filed in any Illinois divorce or parentage case. In DuPage County, courts rely heavily on this sworn statement to determine financial issues. 

With the expanded disclosure requirements introduced in 2025, careful preparation of the financial affidavit has become even more critical to ensuring a case proceeds efficiently and fairly.

Primary Factors Considered:

Current Income & Work History: Stability and total earnings of each spouse.

Education & Vocational Skills: The ability of a spouse to support themselves post-divorce.

Age & Health: Physical and mental factors that may limit future earning potential.

Legal Reality in 2026: While “no-fault” can feel unfair emotionally, it is designed to simplify litigation. Judges in DuPage County focus on objective financial facts, which are easier to verify and prove than the subjective details of marital fault.

Ending a marriage can be traumatic, not just for the couple but also for their family and especially for their children. However, when a relationship has come to a point of no return, divorce may be the best solution.

There is no set time for how long a divorce case can take. Some cases drag on for months while others are finalized within a matter of weeks. If both parties are certain that divorce is the best solution, it may be in their best interests to speed up the divorce case. Speeding up your divorce will help to reduce the legal costs involved. It will also help both parties begin the process of picking up the pieces and learning to live life without their partner.

Tips to speed up your divorce case

Maintain open communication

This can be tough, especially for a couple going through a divorce. Many problems in marriage that result in divorce often start with communication breakdown. In cases where the divorce is the decision of one spouse or the result of the actions of one spouse, the other spouse may be feeling hurt, anger, shock or grief. Communication may seem impossible in these situations.

Couples that keep the lines of communication open are able to discuss important issues and agree on how to move ahead. This makes it easy to come to a consensus on issues such as child custody and splitting assets. If you’re having difficulty communicating, consider seeing a therapist as a couple or individually.

Use a mediator

A great way of coming to an agreement on issues such as dividing assets is by seeking mediation. Mediation brings in a neutral third party to negotiate for a fair settlement. Mediators are trained professionals. They are especially helpful when couples can’t agree but do not want to have a long, drawn-out court battle.

Even if you’ve opted for mediation, be sure to have an experienced divorce lawyer present with you throughout the process. Your lawyer will help protect your rights and ensure you get a fair settlement.

Be honest

Many couples end up in drawn-out court battles because of the dishonesty of one or both spouses. A party may lie about their assets in order to protect them and the other party may decide to litigate as they feel hurt and betrayed.

If you want to speed up the divorce proceedings, it is best to be open and honest throughout the process. This means full disclosure of all your assets including debts, income and expenses. Your lawyer will help you devise a strategy to safeguard your interests.

Put it all in writing

It is important to document everything that is related to the divorce. This should be done in the presence of a lawyer. This is especially important for when you reach an agreement about any contentious issues such as child custody or division of assets. If the same issue arises again, you will have a written statement to refer to.

Speeding up your divorce will help you get started on the journey to healing much earlier. Follow the tips above to help speed up your divorce case.

 

Despite being a topic of debate and discussion for years now, college tuition has yet to become any more reasonable. In fact, it now costs twice as much to attend college today than it did 20 years ago. This issue is an especially serious one in Illinois, where enrollment is dropping and pensions to staff and faculty are coming due.

What exactly does this information mean for you and your child support decree? Well, it means that you could end up paying at least a part of your child’s college expenses. Many divorce decrees in Illinois make use of something known as a reserve clause that states that each parent in question agrees to pay some money towards the child’s post-secondary education. If the custodial parent makes the decision to file a petition before the child turns 18 to have the noncustodial parent help pay for education expenses, chances are good that a judge will enforce the aforementioned reserve clause.

Section 513

In the state of Illinois, the Marriage and Dissolution of Marriage Act states in Section 513 that a judge has the ability to order the noncustodial parent to pay additional support to help cover college expenses. This includes money to help cover college tuition, various college fees, food and housing, transportation, and living expenses incurred while the child is on leave during summer and spring breaks.

 

With the above said, it is important to note that there is a limit to what someone can reasonably be expected to pay. Expecting parents to cover the cost of a private apartment, for example, is unreasonable. Instead, their obligation to pay housing expenses ends at the cost of a dorm room with at least one roommate and a full-time meal plan at the University of Illinois. The same can be said of things like transportation fees, which do not include a requirement to splurge for first class plane tickets or a car when a bus ticket would work just as well depending upon the child’s situation.

Finally, parents can be required to provide their child with living expenses during semester breaks even if the child is living at home. Note that there is little guidance when it comes to whether or not the child must be working and actively contributing to these costs in order to justify ordering the parent to pay.

Post-secondary Support

An Illinois judge will help calculate exactly how much money the child in question is entitled to as well as how much each parent pays. There are different factors to consider when determining the amount each parent can pay, including their respective financial resources, the child’s financial resources, and the child’s academic performance. If the child is continuously on academic probation due to failing to attend classes and there are no extenuating circumstances causing these absences, for example, then it is possible the parents of said child will either be found to have no requirement to pay or will be made to pay less.

The aforementioned factors are not exhaustive, and judges are able to consider any and all factors they believe to be relevant to their decision.

Are you facing the prospect of helping your child pay for their college education? Make sure to reach out to the experienced attorneys at Abear Law Offices at 630-904-3033 for more information!