Can the Court Deviate from Child Support Guidelines in Illinois?

In Illinois, child support guidelines are established by law and provide a framework for calculating the amount of child support that must be paid by non-custodial parents. However, there are certain circumstances in which the court may deviate from these guidelines. In this blog post, we will explore when and how the court can deviate from child support guidelines in Illinois.

When Can the Court Deviate from Child Support Guidelines?

In Illinois, the court may deviate from child support guidelines if it finds that the application of the guidelines would be inappropriate, unjust, or not in the best interests of the child. The court may consider a variety of factors when determining whether to deviate from the guidelines, including:

1.    The financial resources and needs of the child.

2.    The financial resources and needs of the custodial parent.

3.    The standard of living the child would have enjoyed if the marriage had not ended in divorce.

4.    The physical, emotional, and educational needs of the child.

5.    The financial resources and needs of the non-custodial parent.

6.    The needs of any other children of the non-custodial parent.

7.    Any extraordinary expenses related to the child's education, health care, or special needs.

8.    The non-custodial parent's access to the child.

9.    The desirability of the custodial parent staying at home to care for the child.

10. Any other relevant factor.

How Does the Court Deviate from Child Support Guidelines?

If the court determines that a deviation from child support guidelines is appropriate, it will specify the amount of child support to be paid in the divorce decree or order. The court may order a deviation from the guidelines in either of the following ways:

1.    By Ordering a Specific Dollar Amount: The court may order a specific dollar amount of child support to be paid, regardless of whether it is higher or lower than the amount calculated under the guidelines.

2.    By Ordering a Percentage of Income: The court may order a percentage of the non-custodial parent's income to be paid as child support, even if it deviates from the guidelines.

It is important to note that the court must provide a specific reason for any deviation from child support guidelines in the divorce decree or order. This allows both parties to understand the reasoning behind the decision and to address any issues that may arise.

How to Request a Deviation from Child Support Guidelines

If a party wishes to request a deviation from child support guidelines in Illinois, they must file a written motion with the court. The motion must state the reasons for the deviation and must be supported by evidence, such as financial statements, tax returns, or other documentation.

The court will then review the motion and the evidence presented and determine whether a deviation from the guidelines is appropriate. The court may hold a hearing to consider the motion and to allow both parties to present evidence and arguments.

Conclusion

In conclusion, the court may deviate from child support guidelines in Illinois if it determines that the application of the guidelines would be inappropriate, unjust, or not in the best interests of the child. The court may consider a variety of factors when determining whether to deviate from the guidelines, including the financial resources and needs of the child, the custodial parent, and the non-custodial parent, as well as any extraordinary expenses related to the child's education, health care, or special needs. If a party wishes to request a deviation from child support guidelines, they must file a written motion with the court and provide evidence to support their request. If you are involved in a child support dispute and have questions about the guidelines or the possibility of a deviation, it is important to consult with an experienced family law attorney who can help guide you through the process and ensure that your rights and interests are protected.