Whenever a celebrity gets divorced, we read about eye-popping numbers of support awarded. The commentary inevitably shifts to “the kids don’t cost that much to raise” and “she doesn’t need all that money.” In an Illinois divorce, similar sentiments are couched in the objection to a guidelines support award as being a “windfall.” Windfalls In An Illinois Child Support Award Child support is ordered in Illinois based on “the guidelines.” “The court shall determine child support in each case by applying the child support guidelines unless the court makes a finding that application of the guidelines would be inappropriate” 750 ILCS 5/505(a)(2)(emphasis mine) “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.” 750 ILCS 5/505(a)(3.4) The guidelines amount may result in possibly absurd results like a parent paying 50% of his or her income to a parent who is already wealthy. Such guidelines child support results may be deviated from. “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) “The [Illinois Marriage and Dissolution of Marriage] Act was not intended to create windfalls but, rather, adequate support payments for the upbringing of the children. We remand this issue to the trial court for determination of a reasonable specific monthly support amount.” In re Marriage of Bush, 547 NE 2d 590 – Ill: Appellate Court, 4th Dist. 1989 “Despite the requirement that a court consider a child’s station in life, the courts are not required to automatically open the door to a windfall for children where one or both parents have large incomes. A large income does not necessarily trigger an extravagant life-style or the accumulation of a trust fund. A large increase in income will not necessarily result in an equal change in one’s life-style.” In re Marriage of Bush, 547 NE 2d 590 – Ill: Appellate Court, 4th Dist. 1989 The windfall defense to a child support award really only occurs when both parents are high-income earners. “Where the individual incomes of both parents are […]
