BelizeBreeze said:
Oh Brother!
Critter, although the child support calculator does not include other income, the statute is quite clear that the income of the child and/or other parent can be considered in calculating either an original order or a modification of an existing order.
If you research Illinois child support it will tell you what you are saying, but if you look up attorneys that handle child support (or talk to one) in Illinois, they will tell you that a normal case of child support is a Set % of the NCP'S income (there is always an exception to the rule)... A deviation from the guidelines doesn't normally happen... unless; there is an extremely high income for the CP...The only ones I have read where they deviate from the guidelines is, in the case of incomes where child support would be in excess of $ 5k a month, or very high wages for the CP. Even these cases are argued and won by attorneys for the CP...Also, subsequent children are not used in Illinois to reduce a current order of support. Although, a number of NCP's have attempted to bring this to the Illinois appellate courts... all of the cases I have read have been denied because they ruled that a deviation was only allowed if it was in the best interest of the child. To lower their support based on the fact that the NCP wanted another child does not relieve the NCP of their duty to fully support the children they already had. The courts ruled that the reduction was not in the child_s best interest...This is just what I've read, and have been told...
But I do agree, that this is how the statute reads_ but how the statute is applied in Illinois is different from the statute, and is now supported by case law that supports the thinking_ that except in special circumstances child support is to be set at a set % of the NCP's income determined by the number of children in the relationship...
