Deviating From Child Support Guidelines

Family Law Blog

Deviating From Child Support Guidelines

December 14, 2019 | Child Support,Divorce,Parenting (Child Custody)

Deviating From Child Support Guidelines

Divorced parents whose children live with them, i.e. parents who have majority parenting time, bear many more of the basic child related costs, such as food, clothing, etc.  Child support is designed to get both parents to pay for these basic costs. Under Illinois law, “guideline” child support is calculated by determining the cost of raising the child and the income of the parents. Unfortunately, the cost of raising a child is uniformly determined by the Illinois Department of Healthcare and Family Services and does not take into consideration the special circumstances involved with raising each child. This could lead to a child support figure that is insufficient to pay for the basic child related costs, which unfairly places more financial burden on the parent who has majority parenting time.  Alternatively, it could lead to the opposite result, in other words, too much child support.  

If the “guideline” child support figure is too high or too low, then the parent needs to convince the judge that the costs of raising the child exceeds or is below those as determined by the Illinois Department of Healthcare and Family Services. Additionally, the parent needs to convince the judge that the child support figure is unfair.  This is generally referred to as “deviating” from the child support guidelines. 

The Botti Law Firm, P.C. has been practicing family law for nearly 50 years in DuPage and Cook County.  Please contact one of our attorneys at (630)573-8585 if you have any questions or would like to schedule a free consultation.

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