High Income Child Support and Deviations

Family Law Attorneys in Schaumburg, Illinois

Helping Provide Legal Representation Surrounding Child Support for Schaumburg, Palatine, and Barrington Communities

The purpose of child support is to ensure that, financially, children have the best chance possible in spite of divorce or separation, and to ensure that they do not suffer from any negative economic impacts once their parents are no longer together as one household.

However, figuring out how much support is appropriate can sometimes be difficult when the difference in incomes between the parents is significant. Illinois follows a percentage-of-income model, which follows a particular formula, but can still be difficult to determine when the exact amount of someone’s income is unclear, especially if a percentage of their income is undeclared.

This is where we can help. Glasgow & Olsson has been practicing in the area of child custody law and serving the communities of Schaumburg, Palatine, and Barrington for years. Our attorneys possess over 45 years of combined experience; we have earned a reputation for providing the highest quality legal services to our clients. Our broad experience in all areas of family law, as well as civil representation, allows us to provide the very best. Contact us today for a free consultation.

The Law in Illinois

Illinois statute declares that the child support obligation is linked to a duty to provide for the reasonable and necessary educational, physical, mental, and emotional health needs of the child. The statutory formula is set at the supporting parent providing 20% of his or her net income for one child, and increases in percentage based on the number of children to the point of the parent providing a maximum of 50% (of their net income) to support six or more children.

Deviations

The court has some leeway to stray from the guidelines (i.e. if it finds that a deviation is appropriate) after considering the best interest of the child, including one or more of the following:

  • That child’s financial resources and needs;
  • The financial resources and needs of the parents;
  • The standard of living the child would have enjoyed if not for divorce;
  • The physical, mental, and emotional needs of the child; and
  • The educational needs of the child.

If the court deviates from the guidelines, it must include its reasoning. It can also establish an additional duty to contribute to the following expenses:

  • Health needs (not covered by insurance);
  • Child care;
  • Education; and
  • Extracurricular activities.

While the court can deviate from the guidelines to provide for more support, keep in mind that it can also deviate to establish less support. Where the case is made for the judge, variances are actually quite common.

Net Income

Illinois state law defines net income as the total of all income from all sources, minus the following deductions:

  • Federal income tax;
  • State income tax;
  • Social security (FICA payments);
  • Mandatory retirement contributions;
  • Union dues;
  • Insurance premiums;
  • Any prior child support or alimony payments;
  • Student loan and related payments; and
  • Any foster care payments.

Child Support Attorneys in Illinois

Ultimately, the courts are concerned about the best interests of the child, just as parents are. Either party seeking a deviation from the child support guidelines can make their case based upon what is fair to both the child and the parties involved. In instances where one or both parties have a particularly high income, this can sometimes justify providing for more support for child, but the court will also seek to be fair to all the parties involved in any deviation from the guidelines.

The law firm of Glasgow & Olsson serves families throughout Cook County, Kane County, DuPage County, and surrounding communities. Contact our attorneys today at (847) 577-8700 for your consultation.