In Illinois, courts decide child support for same-sex parents the same way they do for heterosexual couples. They focus on the child’s best interests and each parent’s ability to provide support. The gender or sexual orientation of the parents does not impact these decisions.
However, same-sex couples often face unique questions about biology, adoption, or surrogacy. These details can make a case more complicated. If you and your partner are separating or divorcing, it helps to understand how Illinois law decides who pays child support. Work with a Naperville, IL child support lawyer to find out how Illinois law directly affects your case.
How Is Child Support Determined for Same-Sex Parents in Illinois?
In Illinois, both parents are expected to financially support their children. Under 750 ILCS 5/505, the court uses the “income shares” model to determine support. The first step is to estimate how much each parent would spend on their child if they still lived together. The court then divides that cost based on each parent’s income.