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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The Botti Law Firm, P.C., conveniently located in Oak Brook and Wheaton, is a full service law firm that offers comprehensive legal representation to individuals, families, businesses and professionals from the Chicago area, including Cook, Kane, DuPage, Lake, Will and Kendall Counties, to the rest of the United States. Our experienced trial attorneys are dedicated to obtaining successful results for our clients, in both state and federal courts.
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Contact the Botti Law Firm, P.C. to learn more about our different practice areas and how we can best address your legal concerns. Call (630) 573-8585 to speak with one of our attorneys.