All Roll Calls
Yes: 187 • No: 0
IllinoisSB0027104th General Assembly (2025–2026)SenateWALLET
MARRIAGE ACT-CHILD SUPPORT
Sponsored By: Michael E. Hastings (Democratic)
Signed by Governor
Summary
Amends the Illinois Marriage and Dissolution of Marriage Act. Defines "child" for purposes of child support to include any child under age 18 and any child over the age of 18 who has not attained age 19 and is still attending high school (instead of any child under age 18 and any child age 19 or younger who is still attending high school.) Effective immediately.
assignmentsjudiciaryjudiciary - civil
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Bill Overview
Analyzed Economic Effects
10 provisions identified: 0 benefits, 0 costs, 10 mixed.
Unpaid support brings penalties for parents
Parents who violate support orders and are found in contempt face probation or periodic jail time up to 6 months. Courts can allow work release and direct earnings toward support; self-employed parents can face financial statements or job-search requirements. Courts can reach assets held by others when ownership is intertwined, dealings are not independent, or transfers are fraudulent. The real-estate remedy protects specified interests acquired before notice of the court action or recording of the order. Contempt notice for missed support can be delivered personally or mailed to the parent's last known address.
Courts estimate missing or uncertain income
Support orders must state dollar amounts, but courts can add a percentage when income sources, timing, or amounts are uncertain. If net income cannot be determined, courts must set an amount they consider reasonable. A special past-support rule applies after divorce or civil-union dissolution when the original court lacked authority over the absent spouse. For support covering time before the current order, earlier net income is presumed equal to income when that order begins. Parents can challenge that presumption with evidence.
Income rules shape parents' support payments
Support calculations generally subtract standard federal, state, Social Security, and Medicare taxes from gross income. An individualized tax calculation requires agreement or a court decision supported by financial records. Means-tested aid and specified income for other children are excluded, while maintenance received counts as income. A child's Social Security disability or retirement benefit counts in the paying parent's income, with credit for benefits paid to the other parent. Support actually paid for other children and qualifying maintenance can reduce counted income, but courts can deny multi-family adjustments that cause hardship.
Life insurance can protect children's support
Courts can require reasonably affordable life insurance on one or both parents to secure some or all child support. Coverage can remain required until all support obligations end. Courts consider availability, cost, and other relevant circumstances. When life insurance is unavailable, courts or parents can use other fair and reasonable security.
Low-income parents get minimum support rules
Courts use likely earnings when a parent is voluntarily unemployed or working below their earning ability. With too little work history, presumed income is 75% of the latest federal poverty guideline for one person. At or below that threshold, actual or court-assigned gross income triggers a presumed $40 monthly minimum per child. The total minimum is capped at $120 monthly and divided equally among the parent's children. Zero support is presumed for parents with no gross income receiving only means-tested aid, or unable to work because of medically proven disability, incarceration, or institutionalization. These presumptions can be challenged with evidence.
Parents can share extra child costs
Courts can divide reasonable child care costs by income share when care supports work, qualifying education, training, or job searches. Costs can include before- and after-school care, camps, and placement deposits, with the child's special needs considered. An allowed federal child care tax credit reduces costs; shares not paid directly to providers can be added to support. Orders must state each parent's share, can change after substantial changes, and require expense-change notice within 14 days. Courts can also order contributions beyond basic support for reasonable school and activities that support educational, athletic, social, or cultural development.
Parents share support based on income
Courts can order either or both parents to support a child's physical, mental, and emotional health needs. Illinois sets guidelines and worksheets using both parents' combined net income and number of children. Each parent's share follows their share of income; the receiving parent's share is presumed spent directly on the child. Courts that depart from the guidelines must explain the reason and list the guideline and ordered amounts in writing. The law narrows support for students over 18 to those still in high school who have not turned 19.
Shared parenting changes child support math
When each parent has at least 146 overnights yearly, the basic support amount is multiplied by 1.5. Each parent's amount reflects their income share and the percentage of nights the child spends with the other parent. The parent owing more pays the difference; shared-care calculations use the standard tax method. When each parent cares for at least one, but not all, children, courts instead use two separate support worksheets. Those amounts are also offset, unless the court explains a permitted departure.
Parents share children's health coverage costs
Courts must address children's medical needs and can order health coverage, public-coverage applications, or contributions toward uninsured medical costs. Child premiums are split by net-income share, added to or deducted from support depending on who pays. If the child's premium cannot be verified, the cost uses the policy's average per-person premium. Reasonable coverage costs generally cannot exceed 5% of the providing parent's gross income. Parents with net income at or below 133% of federal poverty guidelines, or whose income-based Medicaid covers the child, cannot be charged for private coverage unless it costs them nothing. Premium adjustments require enrollment and cost proof, with annual proof of continued coverage. A parent ordered to provide coverage gets a support worksheet credit when their spouse or legally recognized partner supplies it.
Business income rules affect parents' support
For child support, business income equals receipts minus ordinary and necessary operating expenses. Accelerated depreciation and expenses found excessive or inappropriate cannot reduce that income. Significant business reimbursements or noncash payments count when they lower personal costs and are not already counted as income.
Sponsors & Cosponsors
Sponsor
Michael E. Hastings
Democratic • Senate
Cosponsors
Laura M. Murphy
Democratic • Senate
Robert "Bob" Rita
Democratic • House
Roll Call Votes
House vote • 5/23/2025
Third Reading - Short Debate - Passed
Yes: 105 • No: 0
House vote • 4/23/2025
Do Pass / Short Debate Judiciary - Civil Committee;
Yes: 19 • No: 0
Senate vote • 4/9/2025
Third Reading - Passed;
Yes: 56 • No: 0
Senate vote • 1/31/2025
Do Pass Judiciary;
Yes: 7 • No: 0
Actions Timeline
Public Act . . . . . . . . . 104-0340
8/15/2025SenateEffective Date August 15, 2025
8/15/2025SenateGovernor Approved
8/15/2025SenateSent to the Governor
6/20/2025SenatePassed Both Houses
5/23/2025SenateThird Reading - Short Debate - Passed 105-000-000
5/23/2025HousePlaced on Calendar Order of 3rd Reading - Short Debate
5/13/2025HouseSecond Reading - Short Debate
5/13/2025HousePlaced on Calendar 2nd Reading - Short Debate
4/23/2025HouseDo Pass / Short Debate Judiciary - Civil Committee; 019-000-000
4/23/2025HouseAssigned to Judiciary - Civil Committee
4/17/2025HouseReferred to Rules Committee
4/9/2025HouseFirst Reading
4/9/2025HouseChief House Sponsor Rep. Robert "Bob" Rita
4/9/2025HouseArrived in House
4/9/2025HouseThird Reading - Passed; 056-000-000
4/9/2025SenatePlaced on Calendar Order of 3rd Reading
4/9/2025SenatePlaced on Calendar Order of 3rd Reading **
4/4/2025SenatePlaced on Calendar Order of 3rd Reading March 4, 2025
2/27/2025SenateSecond Reading
2/27/2025SenateAdded as Co-Sponsor Sen. Laura M. Murphy
2/19/2025SenatePlaced on Calendar Order of 2nd Reading February 4, 2025
1/31/2025SenateDo Pass Judiciary; 007-000-000
1/31/2025SenateAssigned to Judiciary
1/22/2025SenateReferred to Assignments
1/13/2025Senate
Bill Text
Engrossed
Enrolled
Introduced
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