When the minimum wage goes up, most people think about one thing: bigger paychecks.
If you have a parenting agreement for child support or a spousal maintenance agreement in place, you may be wondering whether a minimum wage increase could affect what you pay or receive, and the answer is: maybe.
A minimum wage increase does not automatically change child support. It does not automatically mean support will go up or down.
Why Can Minimum Wage Matter for a Family Law Matter?
Most child support calculations are based on each parent’s actual income. Sometimes, though, the court may look at what a person could be earning instead, and this is called imputing income. In these cases, rather than relying solely on a person’s current income or lack thereof, the court may assign an income estimate based on what that person could reasonably earn to be used as a factor for support purposes. To make this determination, the court may look at things like the person’s employment history, their education level, job skills, work experience, health, and available employment opportunities. Imputation of income most often happens when a party is voluntarily unemployed or is assumed to be working below their potential earning capacity.
In those situations where imputed income may come into play, the current minimum wage may be one of several factors the court considers in determining income for support purposes. This means when minimum wage increases, it may affect how income is calculated in certain child support or maintenance cases.
What Changed Regarding Minimum Wage in Illinois?
Beginning July 1, 2026, minimum wage increased across Illinois, but the applicable rate depends on where the work is performed. The applicable rate generally depends on where the employee performs the work. For example, someone working in Chicago may be subject to a different minimum wage than someone working elsewhere in Illinois.
Effective July 1, 2026, minimum wage rates in Illinois are:
- Illinois: $15.00 per hour
- Cook County: $15.40 per hour
- City of Chicago: $17.00 per hour
Tipped employees are a little different. They may have a lower base hourly wage, but employers are still required to make sure their wages and tips combined meet at least the applicable minimum wage. Depending on the circumstances, tip income may also be considered when calculating child support.
Every Family’s Situation Is Different Sterk Family Law Can Help
A minimum wage increase by itself does not automatically change an existing support order. Since Illinois determines support calculations on an “income shared model,” child support, for example, is not based on one number alone and it can be affected by both parties’ income, parenting time, health insurance costs, childcare expenses, and other factors. It is important not to assume a minimum wage increase automatically changes what you pay or receive.
If you are wondering whether a change in income, employment, or minimum wage could affect what you pay or receive in support or spousal maintenance, the best place to start is by understanding how the law applies to your specific situation.
If you have questions about your support, our team at Sterk Family Law Group, helps clients understand their options about child support and other family law matters.
Contact us today at 815-600-8950 to schedule your free, no obligation consultation, or complete the form below.