Child Support Attorneys Serving Wheaton, Naperville, Oak Brook and Hinsdale
Determining the amount of child support one parent must pay is often a contentious issue, but in high-income families, it can be even more complicated. The parents and the court must balance the income of both parents with the reasonable needs of the child(ren). Each party's definition of "reasonable," however, may be completely different.
To make your strongest argument for the amount of child support you consider reasonable, contact Andrew Cores Family Law Group. We have experience with all aspects of high-income divorce, including child support orders. Whether you are the custodial or non-custodial parent, our lawyers can fight for the appropriate amount of support for your child's needs.
Special Considerations of High-Income Child Support Orders
Illinois has statutory guidelines for determining the amount of child support a parent pays, and a new child support law that went into effect in July 2017 has updated these guidelines to take both parents' incomes into account when determining the paying parent's support obligation for the minor child(ren). When one parent has a high income, adhering strictly to the guidelines may result in child support payments that far exceed the child's needs. In these cases, the court may deviate from the guidelines and order a lower amount so the parent receiving the support does not receive a windfall. It is the party seeking the downward deviation from the statutory guidelines burden to prove that the there would be a windfall.
Another possibility is requesting an upward deviation (requesting more than guideline support), based on the child's needs; however, you must be able to provide detailed proof of the additional need. The burden of proof lies with the parent requesting any deviation, higher or lower, from the statutory guidelines.
In addition to meeting the child's basic needs, such as food, shelter and health expenses, child support addresses other issues, including:
- Tuition for private school
- Tutors for education, music or other activities
- Clothing, vehicles and vacations
The children's needs should be consistent with, not greater than, the standard of living they enjoyed before the divorce.
Our attorneys can also assist you with enforcement of child support orders. If you are not receiving child support payments, we can ask the court to find the other parent in contempt of court. If you have been charged with contempt, our attorneys can also defend you in a contempt proceeding.
To make an appointment, please call 630-871-1002 or contact us online. We have offices in DuPage County and Kendall County.
