3 Things to Know about High-Income Child Support in Illinois

 Posted on July 31, 2023 in Child Support

High-income child support cases are situations where one or both parents earn a substantial income that exceeds the guidelines set in state laws. In these situations, the court agrees to deviate from standard regulations to accommodate a high income family's unique needs and lifestyle. This article explores different aspects of these complex cases and their outcomes. 

Calculating High-Income Child Support

Under usual circumstances, Illinois courts adopt a formulaic approach to determine child support payment amount.

The court uses an income-share model, where the final amount is based on how many nights a child stays at each parent’s house. This number is multiplied by the number of children one party has in this or another relationship.  The state uses these regulations to ensure every child of a divorce receives a quality life through financial support offered by the parents. 

Generally, the non-custodial parent, meaning the one with lesser parental responsibilities and parenting time, will pay a pre-decided amount to the custodial parent (meaning the parent that lives with the child). Child maintenance is paid in installments to ensure the child’s needs are effectively met. 

When Does the Court Deviate from State Rules?

In a high income child support case, the court may need to deviate from the usual guidelines to accommodate the unique needs of the family. This happens when the combined income of both parties crosses $500,000/yearly. 

When that happens, the court bases its decision on variable factors like:

• What standard of living did the child enjoy before the divorce? 
• What are the financial needs of a child? 
• What type of financial resources does each parent have? Can it be utilized for the children? 

Answers to these questions guide the court’s decision. The child support payments may increase to help the child lead a quality life. The extra funds can sometimes go beyond basic child support to accommodate private education, travel expenses, recreational activities, etc. 

Moreover, divorcing parents can ask the court to modify the child support payment schedule and requirements if the circumstances change, like unemployment, bankruptcy, etc. 

Missed Child Support Payments Result in Penalties 

The Illinois Department of Healthcare and Family Services monitors child support payments. The Division of Child Support Services collects child maintenance payments based on the child support order. They also collect outstanding payments if a parent fails to provide the designated amount on scheduled time. 

The court can penalize a parent for outstanding payments in some situations. 

Contact St. Charles Child Support Attorneys 

High-income child support cases are complex and challenging to handle for someone who is not familiar with the Illinois legal system. The court may deviate from state guidelines under special circumstances. When it does this, you must know how to navigate the system to ensure your child’s best interest remains part of the equation. You can ask for legal assistance and representation in these complex cases.  If you have any questions, you can dial 630-584-5550 to contact St. Charles child support lawyers at Shaw Sanders, P.C. today. 

Sources:

https://www.forbes.com/advisor/legal/divorce/illinois-divorce/#child_support_in_illinois_section

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59\

https://hfs.illinois.gov/childsupport/formsbrochures/hfs1759.html