FOR IMMEDIATE RELEASE
New law changes how child support is calculated for certain parenting-time arrangements – it does not raise support across the board
CHICAGO, IL – September 18, 2026 – Ward Family Law, a Chicago-based family law practice, announced today that it is already advising clients on Public Act 104-0733 (Senate Bill 3524), a new Illinois law taking effect January 1, 2027, that changes how child support is calculated in cases involving shared physical care. The firm is urging divorced and separated parents in Cook County and throughout Illinois to understand the law now, before it takes effect, so they can plan ahead.
“This law is frequently misunderstood as a blanket increase in child support, and it isn’t that,” said Jennifer Ward of Ward Family Law. “What Public Act 104-0733 actually does is change the formula courts use to calculate support when parents share significant parenting time. Some families will see their obligations shift, others won’t, and the outcome depends heavily on the specific overnight schedule and each parent’s income. Families need to look at their own numbers rather than assume the new law works one particular way.”
A new formula for shared physical care
Under the amended Illinois Marriage and Dissolution of Marriage Act, the shared physical care calculation applies when each parent has 110 or more overnights per year, or qualifying overnight equivalents. In those cases, the new formula starts with the basic child support obligation, multiplies it by 1.5, and allocates that amount between the parents according to their adjusted net incomes. The allocated amounts are then adjusted for the actual time each parent has with the child, and the two resulting obligations are offset against one another, so that only the parent who owes more pays the difference. Ward Family Law emphasizes that the 1.5 multiplier is not a simple 50 percent increase in what one parent pays – it is a factor applied to the combined obligation before allocation, adjustment, and offset, and each parent’s adjusted net income remains central to the calculation.
For parents with fewer than 146 overnights or qualifying overnight equivalents, the law adds a separate statutory adjustment table. In these cases, the adjusted obligation cannot exceed what would have been ordered under the basic child support guidelines, providing a ceiling that did not previously exist in statute.
Ward Family Law notes that the 110-overnight and 146-overnight thresholds serve different functions and are often confused. The 110-overnight threshold determines whether a case qualifies as shared physical care at all. The 146-overnight threshold is relevant to which adjustment calculation applies within that shared-care framework. Parents with fewer than 110 overnights are not automatically brought into the new shared-care provisions based on the overnight count alone.
New income-reporting obligations
Beginning January 1, 2027, child support orders must include a new information-sharing requirement. Both parents will be required to exchange verified net-income information annually. In addition, each parent must notify the other parent and the clerk of court within 10 days of starting a new job or losing one, and any new-employment report must include the employer’s name and address. Ward Family Law points out that this reporting duty is broader than the annual tax-return exchange many parents are used to, and that missing a 10-day deadline could have consequences for a parent’s case.
A presumed minimum for very low-income parents
The law also creates a new rebuttable presumption for obligors with very low income. Where a parent’s actual or imputed gross income is at or below 100 percent of the federal poverty guidelines for a household of one, the presumed minimum support obligation is $40 per month per child. Because this is a presumption rather than an absolute floor, it can be rebutted with evidence, and Ward Family Law advises that outcomes will still depend on the facts presented to the court.
A presumption for incarcerated parents
Separately, the new law addresses a parent’s ability to pay while incarcerated. A parent who is incarcerated for more than 180 days is presumed unable to pay child support during that period, though the presumption may be rebutted by evidence of an ability to pay.
Existing orders are not automatically changed
Ward Family Law is emphasizing one point in particular as clients ask about the new law: Public Act 104-0733 changes the calculation method and the information-sharing rules going forward, but it does not automatically modify any existing child support order on January 1, 2027. Whether an existing order should be revisited depends on Illinois’ standard modification rules and the specific facts of the case, and parents who believe the new formula could affect them should have their situation reviewed individually rather than assume a change will happen on its own.
Ward Family Law is ready to help
With more than a year before the law takes effect, Ward Family Law is already working with clients to model how the new shared-care formula could apply to their parenting-time schedules and income, to prepare for the new reporting requirements, and to evaluate whether a modification request may be appropriate once the law is in effect. The firm is offering consultations for parents who want to understand how Public Act 104-0733 could affect their family before it takes effect on January 1, 2027.
“Our goal is to make sure clients aren’t caught off guard in January 2027,” Ward said. “The earlier a family understands how their own overnight schedule and income line up with this new formula, the more options they have.”
About Ward Family Law
WARD FAMILY LAW, LLC was established to provide clients with exceptional
advocates, negotiators, mediators, and experienced litigators. Ms. Ward, a
skilled Chicago divorce lawyer and the founder of the firm, has exclusively
practiced matrimonial and family law for over 20 years. She has been an
Adjunct Faculty member at University of Illinois – Chicago School of Law (formerly known as The John Marshall Law School) since 2005, teaching
family law legal writing. Notably, the legal writing program is ranked #6 in the
country by US News & World Report (2019).
Media Contact
Jennifer Ward | (312) 803-5838 | [email protected] | https://wardfamilylawchicago.com/ | 155 N Upper Wacker Drive #4250
Chicago, IL 60606
Chicago child custody lawyer
Chicago child support lawyer
This press release is provided for general informational purposes and does not constitute legal advice. Public Act 104-0733 (SB 3524) amends the Illinois Marriage and Dissolution of Marriage Act’s child support provisions and takes effect January 1, 2027. Parents with questions about how the law may apply to their specific case should consult a licensed Illinois family law attorney.
