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Chicagoland Area Attorneys For Child Support Deviations

At Botti Marinaccio, LTD., our attorneys believe that all parents have a moral and ethical obligation to provide support for their children, particularly following a breakup, separation, or divorce. According to the law in Illinois, parents have the legal obligation to do so as well. The experienced lawyers at our law firm have helped many parents in the greater Chicago area in proceedings related to child support, including those which fall outside of standard calculations and support for a disabled adult child.

Child Support Calculations In Illinois

Illinois law uses what is called an “income shares” model to calculate child support obligations when a child’s parents are no longer together. Under this model, the Illinois Department of Health and Family Services, or DHFS, has published guidelines that include tables for determining the basic amount of support that the parents will split. These tables use the parents’ combined monthly income and the number of children to be supported, but the tables only go so far. (For 2019, the upper limit of the published guidelines is just over $30,000 per month combined.) If the parents’ combined monthly income exceeds the limits of the tables, the court will be responsible for determining a reasonable child support amount that serves the child’s best interests.

The court may also deviate from the provided calculation tables if either party can show good reason for doing so. If you wish to request a deviation, you must show that using the published guidelines would be “inequitable, unjust, or inappropriate” in your situation, and the attorneys at Botti Marinaccio, LTD. can assist you in building your case.

Disabled Adult Support

While most orders for child support end once the child has turned 18 years old and has graduated from high school, there are two situations in which support may continue into adulthood. First, depending on the circumstances, the court could order one or both parents to contribute to the child’s college expenses. The second situation may occur when the couple has a child with a disability. One or both parents could be ordered to continue providing support for a disabled child, regardless of the child’s age.

For a child to be eligible for non-minor support on the basis of a disability, he or she must have some type of “impairment that substantially limits a major life activity.” Additionally, the disability must have been identified while the child qualified for standard child support or support for college expenses. For example, if your child has graduated from high school, moves out of your house at age 22, and five years later is involved in an accident which leaves him or her with a physical disability, you cannot be ordered to provide support. If the accident occurs while your child is in grade school, however, and the disability is permanent, non-minor support could be ordered when the child reaches adulthood.

There are no standard calculations for non-minor support for a child with a disability. Instead, the court will look at each case individually and take several factors into account, including:

  • The resources and expected needs of each parent, including their arrangements for retirement;
  • The standard of living the child would have enjoyed if the parents did not divorce;
  • The resources and expected needs of the child; and
  • Benefit and aid programs for which the child might be eligible, including Social Security Disability Income (SSDI), Supplemental Security Income (SSI), and other governmental or private programs.

Contact The Experienced Chicagoland Area Divorce Attorneys

The attorneys at Botti Marinaccio, LTD. have decades of experience in the practice of divorce and family law. We can help you understand your rights and responsibilities regarding child support, and we will work with you in determining the correct amount that should be paid, even if it means taking your case to trial. For more information, contact our office. Fill out our online contact form or call 630-934-2192 for a confidential consultation.