Deviating From the Illinois Child Support Guidelines
Calculating the child support that a non-custodial parent pays in Chicago is based on the guidelines established by Illinois law. This framework creates a system that the courts will follow when determining payment in each child support case. Sometimes, the court may deviate from the child support guidelines when the circumstances warrant it.
Considerations for Deviating from the Child Support Guidelines in Illinois
Illinois allocates parental responsibility based on a child’s best interests. According to Illinois law, deviating from child support guidelines may occur when the court determines that they are inequitable, unjust, or inappropriate. Factors that may influence a departure from the legal framework for determining child support in Chicago include the following:
- The custodial parent’s financial resources and needs
- The child’s financial resources and needs
- The non-custodial parent’s financial resources and needs
- Needs of other children under the care of a non-custodial parent
- Consideration of a child’s standard of living before a divorce occurs
- Educational, health, and extracurricular expenses above the standard needs of a child
- Benefits of providing care for a child as opposed to seeking employment outside the home
Consideration of legal and physical custody of a child may also shape child support calculations in Illinois. Evidence that supports deviating from the child support guidelines in Chicago plays a crucial role in supporting this request and getting the court’s approval.
How Chicago Courts May Deviate From Illinois Child Support Guidelines
The court must specify the child support amount when it deems a deviation necessary to provide adequate support for a child. Deviating from the guidelines may occur in the following ways:
- An order stating a specific dollar amount for child support, whether higher or lower than the child support guidelines stipulate
- An order specifying a percentage of a non-custodial parent’s income
The court is responsible for providing a written finding of its determination to deviate from the guidelines to help each parent understand how and why the deviation has occurred.
Requesting a Deviation From Illinois Child Support Guidelines
A judicial decision to step outside the guidelines to establish child support in Illinois is infrequent but possible. First, you must file a written motion with the court to request the deviation.
You will need to support the motion with evidence that demonstrates deviating from the guidelines is in your child’s best interests. Tax returns, banking statements, and other evidence are crucial to your request. A review of your motion and supporting evidence will take place.
The court may also hold a hearing to consider the motion.
In a hearing, each party may present evidence in favor of and arguments against the motion to deviate from the guidelines. Documentation is essential in demonstrating your requests, whether you ask for the deviation or believe the deviation is unnecessary.
Complying With an Illinois Child Support Order
Whether an Illinois court uses standard child support guidelines or deviates from the framework that determines child support, a parent is responsible for complying with the court order to pay child support.
Failing to do so may result in contempt of court, wage garnishment, suspension of professional and driving licenses, and other penalties. Evidence for or against the deviation from child support guidelines is necessary for the court to determine how it will calculate child support.
Contact the Chicago Family Lawyers at KHK Family Law & Divorce Attorneys To Get Legal Assistance Today
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