Child Support Issues in Family Law Cases
Where there was no support in the record for the belief that the trial court’s decision on child support payments should be affected by defendant’s foster children, as he had no financial responsibility for them because they were provided for by the state, defendant’s foster children should not have been a consideration in the court’s child support payment decision. People v. Hines.
Evidence of defendant’s emotional problems after being involuntarily discharged in 1975, his attempts to find work both in Chicago and California, and his current financial and employment situation supported the trial court’s conclusion that defendant was acting in good faith in seeking an abatement of his child support obligations. Glass v. Peitchel.
A construction of the act that does not enforce provisions which rely solely upon a percentage, but does enforce provisions with a minimum or “final” dollar figure carries out the statutory goals of the legislative enactment. In re LIss.
The standards contained in this section regarding child support are applicable to the determination of temporary child support. In re Rogliano.
The guidelines for determining child support contained in this section much be followed when a court determines support in cases brought under the Public Aid Code (305 ILCS 5/10-10). People ex rel. Browning v. Melton.
The percentage guidelines set forth in subsection (a) of this section establish a “minimum” amount of supporting party’s net income, not a “maximum.” In re McBride/
The substantive factors of subsection (a) of this section have been adopted by the courts as a point of reference for determining motions filed pursuant to subsection (a) of this section; however, it does not require the trial court to either adhere to the minimum percentage guidelines or to make specific findings to explain its departure therefrom. Daredeuff v. Daredeuff.
Where trial court ordered respondent to pay $700 or 45% of his net income, whichever would be greater, and as for child support, the trial court’s judgment may be affirmed to the extent that it stated respondent’s support obligation in a specific dollar amount if that determination is otherwise valid. In re Fahy.
Where the individual incomes of both parents are more than sufficient to provide the reasonable needs of the parties’ children, taking into account the lifestly the children would have absent the dissolution, the court is justified in setting a figure below the guideline amount. In re Bush.
See Also: Divorce Lawyers New York