When Do Illinois Courts Deviate From Income Shares Child Support Guidelines?

 Posted on May 19, 2020 in Child Support

Illinois child support payment amounts are typically based on the “Income Shares” model. This model uses each parent’s net income, the amount of parenting time each parent is responsible for, and a specially designed formula to determine how much child support an obligor parent must pay. However, this child support calculation method may not be reasonable or appropriate in certain circumstances. Illinois law gives courts the option to deviate from the Income Shares guidelines if the court finds that a deviation is in the best interests of the child.

Child Support Calculations

By law, Illinois courts must follow the Income Shares guidelines for determining child support unless the court finds that a deviation would be more beneficial to the child. Courts consider the following factors when determining whether or not to deviate from the guidelines:

• The child’s financial resources
• The child’s physical and emotional wellbeing
• The needs of the child including his or her educational needs
• The parents’ income, assets, and financial needs
• The standard of living the child would most likely have experienced if his or her parents were married

If you or your child’s other parent has a very high income or other special circumstances that may necessitate a deviation from the Income Shares child support calculation method, contact an experienced family law attorney. Your lawyer can help you petition the court to disregard the usual calculation method and instead make a child support determination that takes into consideration your unique situation.

Modifying an Existing Child Support Order

Life is constantly changing and sometimes parents need to adjust their child support order to reflect those changes. In Illinois, the Department of Healthcare and Family Services Division of Child Support Services gives parents the right to request a child support modification review every three years. During the modification review, the court evaluates the parents’ financial circumstances and other information in order to determine whether or not the child support order should be adjusted. Parents may also be granted a child support modification if a “substantial change in circumstances” necessitates the modification or if the child support order deviates from the Income Shares guidelines by more than 20 percent.

Contact a Kane County Child Support Lawyer

Child support issues can be especially complex when one or both parents have a high income or other extenuating circumstances. For help establishing child support, enforcing a current child support order, modifying child support, and more, contact Shaw Sanders, P.C.. Set up a free initial consultation with an accomplished St. Charles family law attorney by calling our office at 630-584-5550 today.

Source:

http://www.ilga.gov/legislation/publicacts/100/100-0923.htm