Legal Question in Family Law in Illinois

Re: Child support

Child support payments can be increased based on the father's increased ability to pay regardless of whether your child�s needs have also increased. An increase in child support can be granted in Illinois courts based on the increased ability of the father to pay. Illinois courts have ruled that child support can be increased to a figure exceeding the shown basic needs of the child when it is clear that a parent has the ability to pay more in child support and was living in relative luxury, thereby enabling the child to enjoy the standard of living he would have had the father and mother remained together. The increased financial ability of the father could have occurred because of an increase in income sources, as it appears to have done in this case, or a decrease in financial obligations. It really does not matter so long as the baby's father, through proper discovery (determining the assets and business income of his wife�s venture), is forced to admit to the court that he has an ability to pay increased child support. If this occurs, the court is justified in increasing child support. It is important to evaluate your own circumstances. Your financial ability may have been affected since the divorce. If you face unforeseen expenses and obligations, or have decreased financial ability these factors will be used in a �balancing test� by the court.

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Re: Child support

Illinois� child support guidelines are based upon a number of factors, and the income of the non-custodial parent is only one of them. Indeed, it is not merely the �income� but the �financial resources� of the non-custodial parent which count. In your case, the father has financial resources � his wife�s income and net worth - that pay against his living expenses. Her income and worth is even more relevant when considered in the context of the intertwining business relationship he has with her.

The fact that his living expenses are paid (in part) by someone else, combined with the fact that he has a beneficial interest in the business in which he works, should result in a higher child support award.

This e-mail reply does not constitute legal advice and does not establish an attorney-client relationship. We provide responses to email questions for information purposes only. The information is provided as a convenience, and we make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information.