How To Pay Zero Child Support in Illinois (2025 Guide)

The question I get asked most often by high-earning fathers walking into my office: "Can I pay zero child support?"

The honest answer: Yes, but probably not the way you're hoping.

Illinois law provides exactly three pathways to legally paying $0 in child support. I've seen clients successfully navigate each one—and I've seen many more fail because they didn't understand what courts actually require. Here's what you need to know.

The Three Legal Pathways to Zero Child Support

1. Equal Time + Equal Income (The Math Works Out)

If you and your co-parent have roughly equal incomes and truly equal parenting time (182.5 overnights each), the child support formula can mathematically produce $0.

Here's the actual calculation:

The catch: Even a slight income disparity kills this. If you earn $5,200/month and your ex earns $4,800/month, you're still paying approximately $50/month—and courts won't round that to zero without written justification.

2. Statutory Zero-Dollar Presumption (Disability/No Income)

Under 750 ILCS 5/505(a)(3.3b), courts must presume a $0 order when a parent:

• Has no gross income
• Receives only means-tested benefits (SSI, TANF, SNAP)
• Cannot work due to a medically documented disability
• Is incarcerated or institutionalized

This is the most straightforward path—if you qualify. SSI recipients have the clearest case because SSI is explicitly excluded from gross income under Illinois law.

Important distinction: SSDI (Social Security Disability Insurance) is not the same as SSI. SSDI counts as income. However, if your children receive derivative SSDI benefits because of your disability, those benefits credit against your support obligation.

3. Court-Approved Deviation (The Hard Way)

Courts can deviate from guidelines to $0 based on statutory factors under 750 ILCS 5/505(a)(2):

• Financial resources and needs of the child
• Financial resources and needs of both parents
• Standard of living the child would have enjoyed
• Physical, emotional, and educational needs of the child

The 2024 problem: Recent appellate decisions have made deviation orders much harder to sustain on appeal.

What the Courts Said in 2024: In re Marriage of Monsen

This case changed everything for zero-support orders in Illinois.

In In re Marriage of Monsen, 2024 IL App (1st) 231011-U, the trial court ordered "ZERO" child support despite combined parental income exceeding $132,000 annually. The First District vacated the order and sent it back.

Why it failed: The trial court didn't follow the mandatory procedure. Under 750 ILCS 5/505(a)(3.4), any deviation from guidelines must include:

• The calculated guidelines amount (what support would have been)
• Written findings explaining why deviation is appropriate
• A specific finding that guidelines would be "inequitable, unjust, or inappropriate"

The Monsen court held: "The trial court deviated from the statutory guidelines when it chose to award no child support. Therefore, the court must make the required findings set forth in section 505 of the Act."

Translation: You can't just agree to zero support and have the judge rubber-stamp it. The court must do the math, show its work, and explain why zero is appropriate.

What You Cannot Do

You Cannot "Sign Away" Support Rights

Child support belongs to the child, not the parents. Neither parent can waive it. The Illinois Supreme Court addressed this in Blisset v. Blisset (1988): an agreement waiving child support in exchange for giving up visitation is unenforceable as against public policy.

You Cannot Make Side Deals That Modify Support

Per In re Marriage of Smith (2004), "extrajudicial agreements modifying support are unenforceable." If you and your ex agree to $0 after the divorce, that agreement means nothing until a court modifies the order.

You Cannot Quit Your Job to Avoid Support

Courts will impute income to voluntarily unemployed parents. Under 750 ILCS 5/505(a)(3.2), if you quit or reduce hours without good reason, the court calculates support based on what you could earn—not what you choose to earn.

What Cook County Judges Actually Want to See

I practice in Cook County. Here's what I've learned about getting deviation orders that stick:

Financial disclosure is mandatory. Under Local Rule 13.3.1, you must file Financial Affidavits within 30 days of filing or 7 business days before any hearing. Rule 13.3.2 requires exchange of two years of tax returns and current pay stubs.

You must calculate guidelines first. Even if both parties agree to zero, you need to show the court what the guidelines amount would be. No calculation = no deviation.

Use specific language. After Monsen, practitioners recommend order language like: "Based on the totality of circumstances, including [specific factors], a deviation from guidelines is appropriate such that no child support shall be paid from one party to the other. The presumed guidelines amount without deviation would be $X."

The Bottom Line

Zero child support is legally possible in Illinois—but only through specific pathways with strict procedural requirements. The 2024 Monsen decision made clear that courts must show their work, and agreed orders without proper findings will be vacated on appeal.

If you think you qualify for zero support, you need an attorney who understands both the math and the procedure. Get it wrong, and you'll be back in court.

Written by Jonathan D. Steele

Chicago divorce attorney with cybersecurity certifications (Security+, ISC2 CC, Google Cybersecurity Professional Certificate). Illinois Super Lawyers Rising Star 2016-2025.

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