How is Child Support Split Between Gay Parents?

 Posted on November 30, 2025 in Child Custody

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.

Judges look at several factors, including both parents’ take-home pay, health insurance costs, and child care expenses. They also consider how many nights the child spends with each parent. Ultimately, they just want to keep the child’s quality of life as steady as possible after the parents separate.

If both parents earn close to the same income and share equal time with the child, the court may lower or balance the amount of support. If one parent earns more or spends less time with the child, that parent will likely pay more.

What Does "Legal Parent" Mean in a Same-Sex Relationship?

The term "legal parent" means someone who has full rights and responsibilities for a child under the law. For same-sex couples, legal parentage can be established in a few different ways. It might come from biology, adoption, or a court order. Under the Illinois Parentage Act of 2015, a person can be recognized as a legal parent if they:

• Gave birth to the child

• Were married to the biological parent at the time of birth

• Adopted the child

• Received a court judgment of parentage

If a non-biological parent does not have legal recognition, it can create problems later. That parent may not be able to ask for custody or be required to pay child support. For this reason, same-sex couples should take legal steps early to secure both parents’ rights.

How Do Courts Handle Child Support if Only One Parent Is Biologically Related?

If only one parent is biologically related to the child, the court first checks whether the other parent is legally recognized. When the parents were married, or in a civil union, at the child’s birth, Illinois law presumes that both parents are legal parents. This means both must help support the child under 750 ILCS 46/204.

If the parents were not married or in a civil union, the non-biological parent must adopt the child or get a parentage order from the court. Without this step, that parent may not have any financial duties or parental rights.

Sometimes, a non-biological parent may have acted as a parent for years but never completed the legal process. That person might still ask for visitation, but child support usually applies only when the court officially recognizes them as a parent.

How Do Custody and Parenting Time Influence Child Support Amounts?

Child support is closely tied to parenting time. The more time a child lives with one parent, the more that parent already contributes directly to their daily needs. When parents share parenting time equally, the court uses a shared-parenting formula. This formula adjusts support based on both parents’ income and the number of nights the child stays in each home. The goal is to divide financial responsibility fairly while keeping the child’s lifestyle consistent.

Can Same-Sex Parents Modify Child Support Orders Later?

Child support arrangements are not set in stone. When something in your or your co-parent’s life goes through a major shift, the court can review the order. For example, losing a job, getting a higher-paying position, or adjusting your parenting schedule are valid reasons to potentially change your support order. Illinois law gives either parent the right to request an update when those kinds of significant changes occur.

To change a child support order, you start by filing a request with the court. The judge will look at each parent’s income and current situation to decide if the amount should change. You must keep making payments under the old order until the court issues a new one. In general, both parents have to continue to provide support until the child turns 18 or becomes legally independent.

What if a Same-Sex Couple Lives in Different States?

When same-sex parents live in different states, following and enforcing a child support order can be harder. The Uniform Interstate Family Support Act (UIFSA) helps by requiring every U.S. state to recognize and enforce valid child support orders. If a court in Illinois issues an order, other states must follow it. The same rule applies if you move to Illinois with an order from another state.

Problems can arise when a parent was never legally recognized in the first state. For example, if one parent’s legal rights were unclear, another state might have trouble enforcing the order. A lawyer who understands interstate family law can help clear up these issues and keep the process running smoothly.

When Should You Seek Legal Help for a Same-Sex Child Support Case?

Child support cases involving same-sex parents can quickly become complex, even when they seem open/shut. You should speak to an attorney just to get a better understanding of how the court may view your case. However, some specific reasons to reach out to an attorney include:

• You are unsure whether you are legally recognized as a parent.

• You and your co-parent disagree about child support or custody.

• You are moving to another state.

• You want to modify or enforce an existing order.

A family law attorney can review your finances, explain your rights, and guide you through the court process. This ensures that both you and your child are protected.

Talk to Our DuPage County, IL Child Support Attorney Today

Attorney Ronald L. Hendrix has over 30 years of experience in family law. He is a court-appointed mediator and also holds a Master’s degree in guidance and counseling. This kind of experience is how he learned to handle family law cases with compassion, understanding, and balance.

Contact Law Office of Ronald L. Hendrix, P.C. today at 630-355-7776 to schedule a free consultation with our Naperville, IL child support lawyer. Together, we can work toward a solution that suits your family’s needs.