Our recent article explained the updated child support tables Illinois parents are using in 2026. Illinois has also enacted broader changes scheduled to take effect on January 1, 2027.
These changes may affect how child support is calculated when both parents spend significant time caring for their children. They also address how parenting time is counted, financial information is exchanged and certain minimum support obligations are determined.
The most widely discussed change is the reduction of the shared-care threshold from 146 to 110 overnights per year. However, reaching 110 overnights will not automatically eliminate child support or guarantee a particular outcome.
Parents preparing a new agreement or considering a modification should understand what is changing and what will remain the same.
What Is Changing in Illinois Child Support Law?
Illinois enacted Senate Bill 3524 as Public Act 104-0733 on July 31, 2026. The law amends portions of the Illinois Marriage and Dissolution of Marriage Act and takes effect January 1, 2027.
According to the Illinois General Assembly’s record for Public Act 104-0733, the changes include:
- Lowering the shared physical care threshold from 146 to 110 annual overnights
- Allowing certain significant parenting periods to be considered “overnight equivalents”
- Creating graduated adjustments for parents with 110 to 145 overnights or overnight equivalents
- Expanding the income range associated with the minimum support presumption
- Addressing annual income exchanges and employment-status reporting
- Establishing additional provisions involving incarceration and child support
The Illinois State Bar Association has described the law as a new shared-care child-support framework with several changes important to Illinois families and family-law professionals.
The Shared-Care Threshold Will Drop to 110 Overnights
Under the calculation in effect through the end of 2026, the shared physical care formula generally applies when each parent has at least 146 overnights per year. That equals approximately 40% of the year.
Beginning in 2027, the threshold will drop to 110 overnights, or approximately 30% of the year.
This means more parenting arrangements may qualify for a shared-care calculation. A schedule does not necessarily need to be a 50/50 division for the new calculation to become relevant.
The change may be especially important for parents whose schedules fall between 110 and 145 overnights. Under the previous framework, falling one night short of 146 could produce a significantly different calculation. The new law creates a graduated approach intended to reduce the effect of that abrupt threshold.
However, parenting time is only one part of the calculation. The parents’ respective incomes and other applicable financial information will continue to matter.
What Is an Overnight Equivalent?
The new law also introduces the concept of an “overnight equivalent.”
Some parents provide substantial care during the day or evening without the child sleeping at that parent’s home. This can occur because of work schedules, school arrangements, transportation needs or other practical considerations.
Under the new law, significant periods during which a child is in a parent’s physical and direct care may potentially be recognized even when they do not include a traditional overnight stay. An overnight equivalent may be considered by a court as a deviation from the guidelines or counted when the parents agree.
This does not mean every afternoon, meal, transportation period or short visit will automatically count as an overnight. Parents should avoid making assumptions about how particular periods will be treated.
A detailed parenting schedule can help everyone understand when each parent is responsible for the children and how the arrangement works in practice.
Does Having 110 Overnights Eliminate Child Support?
No. Reaching 110 overnights does not mean that child support disappears.
Illinois will continue to use an income-shares approach. The calculation considers both parents’ incomes, the applicable basic child support obligation and the amount of parenting time exercised by each parent.
Even when parenting time is equal or nearly equal, one parent may still pay support because of differences in income or other circumstances. Expenses such as childcare, health insurance, uncovered medical costs, school expenses and extracurricular activities may also need to be addressed separately.
Parents should therefore view the overnight threshold as one part of a broader financial discussion—not as a guaranteed way to increase, decrease or eliminate support.
How Will the Calculation Work Between 110 and 145 Overnights?
For shared-care arrangements involving 110 to 145 overnights or qualifying equivalents, the new law establishes graduated adjustments.
The adjustment is larger at the lower end of that range and becomes smaller as the schedule approaches 146 overnights. The resulting shared-care obligation cannot exceed the amount that would otherwise be calculated under the basic guidelines.
This is intended to create a smoother transition between traditional and shared-care calculations. It also makes accurate parenting schedules and complete income information particularly important.
Parents should not negotiate parenting time solely around its possible financial effect. A parenting arrangement should first reflect the children’s needs, school schedules, transportation, family routines and each parent’s realistic ability to provide care.
Will Existing Child Support Orders Change Automatically?
No. The new law does not automatically rewrite existing child support orders on January 1, 2027.
Parents must continue following their current order unless a modification is approved through the proper legal process. A different calculation under the new law does not give either parent permission to informally reduce, stop or change payments.
Parents with an existing order may want to learn whether their situation warrants review, particularly if there has also been a lasting change involving:
- Either parent’s income
- Employment or unemployment
- The parenting schedule
- Childcare costs
- Health insurance expenses
- A child’s educational or medical needs
- Other substantial family circumstances
When parents are able to discuss a possible change cooperatively, post-decree divorce mediation can help them identify issues and develop proposed terms. Each parent may then obtain independent legal advice before presenting any proposed modification to the court.
Additional Financial-Disclosure Requirements
The 2027 law also addresses the exchange of income information and notification of employment changes.
Accurate income information is essential because child support calculations depend heavily on each parent’s financial circumstances. Depending on the applicable order and circumstances, parents may need to exchange updated income information and report new employment or job loss.
Parents can make these discussions more productive by maintaining organized records, including:
- Recent pay stubs
- Tax returns and W-2 or 1099 forms
- Documentation of bonuses, commissions and overtime
- Self-employment income and expense records
- Health insurance costs
- Childcare expenses
- School and extracurricular costs
- The current parenting schedule
Complete documentation can reduce misunderstandings and make it easier to identify which issues are agreed upon and which still need discussion.
How Mediation Can Help Parents Prepare
Changes in the law can create uncertainty, especially when parenting time and child support are being discussed together.
Through child support mediation, parents can organize the questions that need to be addressed, exchange relevant information and discuss possible terms in a structured setting.
The mediation process may help parents consider:
- How their actual parenting schedule operates
- Whether daytime care may be relevant to the discussion
- How income information will be exchanged
- How variable income will be handled
- Which parent will maintain health insurance
- How uncovered medical and childcare costs will be divided
- How school and extracurricular expenses will be approved
- When financial terms should be reviewed again
A mediator remains neutral and does not represent either parent or determine what the law requires in a specific case. When parents reach proposed terms, those terms may be recorded in a memorandum of understanding for review by their independent attorneys.
Parents developing a new schedule may also benefit from parenting plan mediation so the parenting and financial discussions remain coordinated.
Preparing Now for the 2027 Changes
The changes do not take effect until January 1, 2027, but parents do not necessarily need to wait until then to become informed.
Parents beginning a divorce or separation in late 2026 may be developing agreements that will operate after the new law takes effect. Those considering a post-decree modification may also benefit from understanding how the upcoming framework differs from the calculation currently in use.
The goal should not be to build a parenting schedule around a number. It should be to create a workable plan that reflects the children’s needs, each parent’s responsibilities and the family’s financial circumstances.
Talk Through Your Parenting and Financial Questions
Preparing for child support discussions in 2027? CEL & Associates can help parents organize their questions, discuss parenting schedules and child-related expenses, and work toward practical agreements through mediation. Schedule a consultation to talk about your situation and next steps.
Frequently Asked Questions About Illinois Child Support Changes in 2027
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