High Income Divorce Can Change Child Support Calculations

 Posted on July 11, 2017 in Child Support

The process for determining child support payments is mostly standardized during Illinois divorce cases. An Illinois divorce judge is likely to adhere to the state’s child support formula, which was recently changed to an income shares model. The parents’ net incomes are combined, and each parent will pay a proportionate percentage of child expenses based on comparative income and the division of parenting time. Illinois’ child support law gives divorce courts discretion in determining the payment in certain circumstance. Thus, child support in high income divorces may be calculated differently than when using Illinois’ standard model.

State Guidelines

In response to the new child support law, the Illinois Department of Healthcare and Family Services created a new income shares table for determining child support obligations. The table uses the parents’ combined monthly net incomes and the number of children they have to calculate how much of their incomes should go towards supporting their children. Each parent pays a share of the child expenses that is proportionate to his or her share of the combined incomes. However, the table ends at a combined monthly income of $30,024.99. Illinois law states that the court can use its discretion in determining child support when the combined income exceeds the limits of the table. The only stipulation is that the child support obligation shall not be less than what is listed for the highest income in the table.

Reasons for Deviation

Because Illinois’ new child support law was enacted July 1, there are no precedents for how courts may deviate from the new formula in high income cases. The previous law calculated child support amounts based on a percentage of the obligatory parent’s income. With the new law, parties in a high income divorce may argue over what their combined child support obligation should be. Without more specific instructions in the law, the court is likely to consider several factors when determining child support:

• The child’s accustomed standard of living;
• The child’s best interest; and
• The child’s needs.

In high income cases, courts may differ on what they consider to be a child's needs and what are luxuries. It can be beneficial for the child to maintain a similar lifestyle, but the court may want to avoid placing excessive child support obligations on the paying parent.

Settling on Child Support

Lawyers and clients alike are learning how Illinois' new child support law will be implemented. High incomes can further complicate the matter. A DuPage County divorce attorney at Calabrese Associates, PC, can help you obtain a fair settlement on your child support payments. Schedule an appointment by calling 630-393-3111.

Source:

http://www.aaml.org/sites/default/files/MAT209_5.pdf