Is an Inheritance Counted as Income in a Child Support Case?

 Posted on July 22, 2026 in Child Support

Whether an inheritance will be counted as income when calculating child support in Illinois depends on several factors. A court may consider the type of inheritance, whether it produces income, and whether the parent receives payments from it.

A Wheaton, IL family law attorney can help you understand what will be considered income in your specific child support case in 2026.

How Does Illinois Define Income for Child Support?

Illinois calculates child support using the income shares model. This method involves taking into account the net income of both parents.

Gross income generally includes income from all sources (750 ILCS 5/505). This may include wages, bonuses, rental income, investment earnings, and certain benefits. Courts may also count gifts and regular payments from family members. However, the law excludes some benefits, including certain forms of public assistance. Tax returns and other financial records can help the court find each parent’s income.

An inheritance is not automatically included in income. A court may look at whether the inheritance is a new financial gain or an asset the parent already owns. For example, taking money from a savings account usually does not create new income because the money was already in the account. However, a court may treat a new lump-sum payment as income when the parent first receives it. The result depends on the facts of the case.

What Kinds of Inheritance Can Count as Income for Child Support Calculations?

Any money that an inheritance generates may count as income for child support. Common examples include:

• Interest from an inherited savings account or investment account

• Dividends from inherited stocks or mutual funds

• Rental income from an inherited property

• Required distributions from an inherited IRA or retirement account

Many people in the US inherit accounts from relatives rather than a lump sum of money. Payments from these accounts may affect child support. In the 2020 Illinois appellate case Dahm-Schell v. Schell, the court held that required distributions from an inherited IRA counted as income. The distributions gave the parent a financial gain or benefit, even though the IRA had been inherited. However, this does not mean that every voluntary withdrawal from an inherited account will count as income.

Courts have broader discretion when the parents’ combined income is above the highest amount listed in the state’s child support schedule. In these cases, a judge may consider each parent’s overall financial resources, which may include inherited assets.

Do I Need to Change My Illinois Child Support Order if I Receive an Inheritance?

Illinois allows either parent to petition for a modification when there has been a substantial change in circumstances (750 ILCS 5/510). A significant increase in assets that leads to increased income may qualify.

If one parent receives an inheritance that seriously changes their financial situation, they or the other parent can request a modification to the child support order. It does not matter if the paying or receiving parent receives the inheritance. The request will be reviewed by the court. At that point, the court will decide whether to adjust the amount upward or downward based on the circumstances.

If you want to modify child support after an inheritance is received, it is important to act quickly. A court generally may change only the payments that come due after the other parent receives proper notice of the request. Waiting to file and provide notice could mean losing months of increased or reduced support.

Call a West Chicago, IL Child Support Attorney Today

Inheritance can have important implications for child support orders. A family law attorney can walk you through the specifics of your case and how your inherited assets may affect your support orders.

Hensley Sendek Law brings substantial experience in high-asset and complex financial divorce matters, including cases involving business valuation and significant asset holdings. Call us at 630-358-9029 for a free consultation with our Wheaton, IL child support lawyer today.