Legal Question in Family Law in Illinois
Child Support Adjustment
I am taking my ex husband back to court for more child support. It has been almost six years since our last court appearance and our children's needs have increased greatly. They are now teenagers. Does my income as a teacher affect the amount of child support he pays. I thought he had to pay 25% of his income for two children regardless of what I make. My income is 36,000 per year.
1 Answer from Attorneys
Child Support Adjustment
Child support is a matter for a court to decide. Although the statutory child support guideline (20% of net income for one child, 25% for two, 32% for three; 40% for four, 45% for five; 50% for 6 and up) is applied in almost all cases, it is not mandatory. A court may deviate from the guidelines, in the best interests of a child, for many reasons including �the financial resources and needs of the custodial parent.�
Here are all the reasons for deviating from the guideline set forth in the statute governing the amount of child support:
(a) the financial resources and needs of the child;
(b) the financial resources and needs of the custodial parent;
(c) the standard of living the child would have enjoyed had the marriage not been dissolved;
(d) the physical and emotional condition of the child, and his educational needs; and
(e) the financial resources and needs of the non-custodial parent.
It appears that all the above issues are relevant to the modifacation of support you are seeking.