Child Support Calculation Deviations in DuPage County Divorce Cases 

 Posted on September 06, 2022 in Family Law

In July 2017, substantial changes to Illinois child support laws took effect. Instead of determining child support solely on the paying parent's income, child support determinations are now based on both parents' financial circumstances. The changes were made in an effort to make child support calculations more equitable.

Child support is usually calculated using the Income Shares formula.  The Income Shares model estimates the amount of money that would have been available to the child if the family had not been divided by divorce. This approach considers both parents' net incomes to determine a child support obligation. In some cases, however, a court may deviate from the typical calculation method. 

Deviating From the Income Shares Formula

Courts can deviate from the statutory child support formula if the court feels it is in the best interests of the child. In making a determination about whether to deviate from the Income Shares calculation method, courts will consider factors such as:

• The financial resources and needs of the child - Some children have extraordinary financial needs such as expensive medical care for a serious illness or disability. A child's own financial resources, such as trust fund income, may also influence child support.

• The financial resources and needs of the parent with the majority of the parenting time - The parent's income, debts, and other financial obligations are taken into account when calculating child support. If a parent has an extremely high income, the Income Shares guidelines may be inappropriate. 

• The financial resources and needs of the paying parent - The paying parent's ability to pay child support is taken into account, as well as any other financial obligations the paying parent has, such as child support or spousal support obligations from a previous marriage.

• The standard of living the child would have enjoyed if the marriage had not been dissolved - This includes factors such as the type of home the child would have lived in, whether the child would have attended private school, and whether the child would have participated in extracurricular activities.

• The physical, mental and emotional needs of the child - A child's special needs, such as therapy or tutoring, can influence child support.

If you are going through a divorce and have questions about child support, be sure to speak with an experienced DuPage County divorce attorney who can advise you of your rights and options.

Call Our Wheaton Child Support Lawyers for Help

If you are getting divorced and have questions or concerns about child support, contact a DuPage County divorce and family law attorney from Goostree Law Group. Call 630-364-4046 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050k505.htm