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How is Child Support Determined When Income Guidelines Do Not Apply?

Posted on in Family Law

Naperville child support attorneyDivorce affects families from all walks of life, but the specific issues that each family deals with are different depending on their circumstances. When it comes to families with high incomes, the division of property and assets can be especially challenging. Child support can also easily become a contentious issue between high-earning parents, especially if the parents’ financial situation is not covered under the Illinois child support guidelines.

Understanding the Income Shares Model

In an effort to maintain as much fairness as possible, the state of Illinois currently uses an income shares model to calculate the amount of child support that should be paid each month. It is not the responsibility of just one parent to financially support a child, and as such, instead of just the paying spouse’s income being considered, both parents’ incomes are taken into consideration when the payment calculation is made. The calculation also takes into consideration the number of children that are being supported and how many overnights the children spend with the non-custodial parent each year.

Situations With Income Above and Beyond Guidelines

Calculating child support is standardized in Illinois according to the guidelines set forth by the Illinois Marriage and Dissolution of Marriage Act (IMDMA). In the vast majority of cases, these guidelines will make sense and will work. In some cases, however, the judge may deviate from the guidelines if he or she believes that using the guidelines would create a situation that is unequal or inappropriate. If parents earn income that is above and beyond the income shown in the basic child support schedule, the judge has the discretion to determine the amount of child support to be paid each month, though it cannot be less than the highest amount in the shares schedule.

Contact Our Wheaton, IL High-Income Child Support Lawyer Today

Having a high income can be a good thing when it comes to financial security, but it can also make some situations more difficult, including things like divorce and child support. Calculating child support can be confusing in any situation, especially one in which the guidelines do not apply, which is why you should enlist the help of a knowledgeable DuPage County child support attorney. At the Goostree Law Firm, we can help you determine an appropriate child support amount for your situation. To schedule a free consultation, call us today at 630-364-4046.

 

Sources:

https://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm

https://www.isba.org/sections/familylaw/newsletter/2017/07/newincomesharesguidelinesbenefitordetrim

https://www.illinois.gov/hfs/SiteCollectionDocuments/IncomeSharesScheduleBasedonNetIncome.pdf

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