“In any action to establish or modify child support, whether pursuant to a temporary or final administrative or court order, the child support guidelines shall be used as a rebuttable presumption for the establishment or modification of the amount of child support. The court may deviate from the child support guidelines if the application would be inequitable, unjust, or inappropriate. Any deviation from the guidelines shall be accompanied by written findings by the court specifying the reasons for the deviation and the presumed amount under the child support guidelines without a deviation.”
750 ILCS § 5/505 (a)(3.4)
In some instances, the standard child support guidelines may not accurately reflect the unique circumstances of a particular case. In Illinois, when the child support amount calculated by the guidelines does not seem appropriate or fair, a deviation from the guidelines may be necessary.
Understand the Basis for Deviation
First, it is essential to understand that the court may deviate from the standard child support guidelines if there are compelling reasons to do so. Common reasons for deviation include:
- Extraordinary Expenses
This can include expenses related to the child’s special needs, such as medical care, therapy, or educational requirements. - High Income
In cases where the parents have unusually high incomes, the standard guideline amount may be too low to maintain the child’s standard of living. - Shared Parenting Time
If the parenting time is significantly shared between both parents, a deviation might be necessary to reflect the actual time and expenses each parent incurs. - Other Financial Obligations
Parents’ financial responsibilities, such as supporting other children or significant debt, can also be considered.
Gather Supporting Documentation
To request a deviation, you will need to gather and present evidence that supports your case. This documentation might include:
- Medical Bills and Educational Expenses
Proof of extraordinary costs related to the child’s care. - Financial Records
Detailed records of your income, expenses, debts, and other financial obligations. - Parenting Time Records
Documentation of the time spent with the child to show the actual distribution of parenting responsibilities.
File a Motion for Deviation
You will need to file a motion with the court to request a deviation from the standard child support amount. This motion should clearly outline the reasons for the requested deviation and include all supporting documentation. It is often beneficial to work with an attorney who can help you prepare and present your case effectively.
Attend the Court Hearing
The court will schedule a hearing to review your motion for deviation. During the hearing, you will need to present your evidence and explain why the standard guideline amount is not appropriate for your situation. The other parent will also have the opportunity to present their perspective.
Court’s Decision
After reviewing the evidence and considering the unique circumstances of the case, the court will make a decision. If the court agrees that a deviation is warranted, it will issue an order specifying the adjusted child support amount. The court aims to ensure that the child’s best interests are met while considering the financial abilities and responsibilities of both parents.
If your Illinois child support case requires deviation from the standard guidelines, understanding the basis for deviation, gathering supporting documentation, filing a petition, and attending the court hearing are critical steps. By presenting a compelling case, you can ensure that the child support amount accurately reflects your unique circumstances and provides for the best interests of your child. Seeking legal assistance can further help navigate this process and achieve a fair outcome. If you need help with pursuing or defending your Illinois child support lawsuit please click the link below contact our Chicago office and speak with one of our experienced family law attorneys https://jacobsonlegalservices.com/!
