Illinois Divorce with Children
Everything you need to know about divorce with children in Illinois — custody types, child support guidelines, parenting plans, and protecting your children through the process. Updated for 2026.
Types of Custody in Illinois
Legal Custody
The right to make major decisions about your child's education, healthcare, religion, and welfare.
Physical Custody
Determines where the child lives on a day-to-day basis and the parenting time schedule.
"Best Interests of the Child" Factors
Illinois courts consider multiple factors when determining custody arrangements:
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Child Support in Illinois
Illinois uses the Income Shares Model (effective July 1, 2017, per Public Act 99-0764). Both parents' net incomes are combined to determine the total child support obligation based on a statutory schedule. Each parent's share is proportional to their percentage of the combined income. The non-custodial parent's share is typically paid as child support. Illinois updates the Gross-to-Net Income Conversion Table and Schedule of Basic Obligations annually (most recently revised March 5, 2025) (750 ILCS 5/505).
Official Illinois child support calculator →Factors Considered
Additional Forms Required (Children)
| Form | Name |
|---|---|
| DWC Petition | Petition for Dissolution of Marriage (With Children Under 18) |
| DIV Judgment (WC) | Judgment of Dissolution of Marriage (With Children) |
| DIV Parenting Plan | Parenting Plan / Allocation Judgment |
Mandatory Parenting Course
Illinois requires both parents to complete a parenting education course when filing for divorce with minor children.
Mandatory 4+ hour parenting education program for all cases involving minor children (Illinois Supreme Court Rule 924). Covers parenting time, custody allocation, visitation, and impact on children. Must be completed within 60 days of the initial case management conference. Parents must attend separate sessions. Failure to comply can result in sanctions, fines, contempt, or temporary limitation of parenting time. Cost: $35-$75 per person.
Typical cost: $55
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Divorce.ai helps you create a child-focused parenting plan and prepares all custody-related Illinois forms.
What Goes in a Parenting Plan?
A comprehensive parenting plan should cover:
Regular Parenting Schedule
Week-by-week schedule of where the child lives and when transitions occur.
Holiday & Vacation Schedule
How holidays, school breaks, and vacation time are divided between parents.
Decision-Making Authority
Who makes decisions about education, healthcare, extracurriculars, and religious upbringing.
Communication Rules
How the child communicates with the non-custodial parent (phone, video calls, etc.).
Transportation & Exchange
Who handles pickups/dropoffs and where exchanges occur.
Dispute Resolution
How disagreements about the parenting plan will be resolved (mediation first, then court).
Relocation Rules
Notice requirements and procedure if either parent wants to move.
Tips for Protecting Your Children During Divorce
Never speak negatively about the other parent in front of your children. It puts them in the middle and can harm your custody case.
Maintain routines. Keep school, activities, and daily routines as consistent as possible during the transition.
Communicate openly with your children in age-appropriate ways. Let them know the divorce is not their fault.
Consider counseling. A child therapist can help children process their emotions during this time.