Under the Illinois Marriage and Dissolution Act, child support is based upon certain factors, including statutorily mandated guidelines which require the obligor spouse to pay a percentage of his or her net income as child support, i.e., 20% for one child, 25% for two children, etc. While these guidelines usually result in an equitable child support award, for the high income earner the guidelines may result in a windfall to the custodial parent. In such circumstances, the court may look at other factors, including the needs and lifestyle of the child, to deviate below the guidelines and protect high income earners from excessive child support awards.
In In re Marriage of Scafuri, the father earned a net monthly income of approximately $31,500. The trial court set child support at $10,000 per month, which was the statutory guideline award for three children. On appeal, the award was reduced to $6,000 per month. In so ruling, the Illinois Appellate Court noted that while child support is not limited to the needs of the children and the children are entitled to enjoy the standard of living they would have enjoyed had their parents not divorced, $10,000 per month clearly exceeded the needs of the children in this case.
In In re Marriage of Osborn, the father’s income was approximately $9,800 per month. The trial court set child support at $3,300 per month for four children, which was only 34% of the father’s net monthly income. Statutory guidelines called for child support equal to 40% of the father’s net income. The Appellate Court found the award was appropriate given the children’s needs, the standard of living the children would have enjoyed had the parents not divorced, and the father’s additional responsibility to pay the costs of the children’s travel from Canada for visitation with the father.
In Illinois ex rel. Graham v. Adams, the father’s net income was $8,000 per month. The court set child support at $400 per month, which was 75% below the statutory guidelines for a single child. The Illinois Appellate Court reasoned a child support award does not have to be decided on a “needs basis.” The award may be less than statutory guidelines when weighing such factors as whether the payments by the father may benefit children in the home not entitled to support from the father, and whether the father’s child would be placed in a better financial position than the step-siblings in the household if a guideline award was ordered. The $400 award was considered appropriate because the mother had children living in the home who were not the father’s children. Moreover, application of the statutory guidelines would have placed the father’s child in a different economic status resulting in treatment different from the child’s step-siblings.
In In re Marriage of Singleteary, the father had a net income of $15,000 per month. The mother sought modification of child support to an amount equal to 20% of the father’s net income, i.e., $3,000 per month. The court ordered the father to pay $2,000 per month, which was 60% below the statutory guidelines. The Illinois Appellate Curt found the award appropriate because the statutory guideline amount exceeded the child’s needs. The Appellate Court also noted that the trial court appropriately took into consideration the mother’s income of $75,000 per year, her bank stock worth $18,800, and her 401(k) worth $60,000 when entering the support award.
If you have a question about whether you are paying or receiving the appropriate child support, please telephone any member of the firm.