As a general proposition, "child support" payments are made by the non-custodial parent to the parent with the lion's share of parenting time. Child support payments are intended to cover the child's physical, emotional, and educational needs. Child support payments are awarded on a temporary basis pending the resolution of divorce, and until the child reaches emancipation after the entry of the Divorce Judgment.
In Illinois, child support is typically determined by minimum percentage guidelines. However, if proper evidence is skillfully introduced, Courts will often exercise their discretion and deviate from the guidelines.
As your advocates, we will carefully analyze if and how it can be demonstrated that the facts of your case demand a deviation as a matter of law. If the minimum guideline support is insufficient to meet the needs of the child, for example, we will forcefully advocate for the Court should deviate upwards. On the other hand, where the guideline percentage creates a windfall, we will introduce evidence demonstrating that reality.
Furthermore, the payor spouse frequently "under-reports" his/her income to avoid support. We are well-experienced in identifying such cases and developing evidence demonstrative of income-manipulation. The ability to present evidence of "under-reporting" income will enable the Court to "impute" income and set child support based on needs of the child.
Illinois law makes clear that both parents have an obligation of support. Accordingly, where the father is able to exercise substantial parenting time, his support obligation should be adjusted downward. Similarly, where both parents earn significant incomes, it is inappropriate to "blindly apply" guideline support.
In summary, your child support position will reap benefit from our legal and forensic skill. Utilizing such skill, we will make a forceful and compelling argument for your support position.