When Can a Child Support Order Differ From the Standard Calculation?

 Posted on January 22,2021 in Family Law

Since 2017, Illinois has used a calculation for determining basic child support obligations that factors in both parents’ incomes, as well as certain other criteria including parenting time and the number of children in question. This calculation often leads to a fair outcome that considers both parents’ responsibility to provide for their children, as well as their financial ability to do so. However, every family is different, and there are cases in which the calculation is not fully adequate to meet a family’s needs. In these cases, an Illinois court can deviate from the calculation to issue an appropriate order.

Reasons for Child Support Order Adjustments

A variety of circumstances may lead the court to make an adjustment to the basic child support calculation or use a different method for determining a parent’s child support obligation. Some possible factors that may be considered include:

• The parents’ financial resources - The court may choose to make an adjustment when a parent has extremely limited financial resources that would make paying the basic amount difficult, or when a parent has ample resources that would allow them to contribute a greater amount to support the child.
• The child’s accustomed standard of living - The court will often seek to issue an order that allows the child to maintain the standard of living they are used to, or the standard of living they would likely have in a two-parent household.
• The child’s medical and healthcare needs - Extraordinary expenses for ongoing or emergency medical care may require greater financial contributions from each parent to meet the child’s needs.
• The child’s special needs - A child with mental, physical, or developmental disabilities may require additional support from their parents to account for the regular costs of their care.
• The child’s educational and extracurricular expenses - The court may increase child support obligations to provide for a minor child’s tuition, tutoring, or out-of-school activities, and in some cases, parents may also be ordered to contribute to their child’s college expenses after the child has reached the age of 18.
• The parents’ child care expenses - The cost of child care that allows a parent to work or pursue an education can also be factored into child support obligations.

Contact a DuPage County Child Support Lawyer

At Mevorah & Giglio Law Offices, we understand the importance of ensuring that your children have the financial support they need, and we will help you ensure that all relevant factors are considered when determining child support obligations for you and the other parent. For a free initial consultation with a Bloomingdale family law attorney, contact us at 630-528-2050 today.