High Income Support Attorneys – Chicago
What is high income support?
Basically the payor of support is a high income earner whom will argue that the application of the statutory guidelines would result in support payment amounts that would far exceed the amount that would normally be paid out based on the statutory guidelines.
The argument is that the statutory percentage child support amount provides a financial “windfall” to the residential parent.
Illinois does not provide a statutory solution to the high earner case or situation.
So parties, and judges, will consider the following:
- The actual needs of the child. The residential parent will have to produce evidence, e.g. bills, invoices, receipts, etc., proving the cost of caring for the child.
- The residential parent may argue the “standard of living” which the child would have enjoyed if the parties had remained married. Evidence is key to establish the standard of living.
- Who is a “high wage earner?” The Illinois Marriage and Dissolution of Marriage Act provides little help. Is a person a “high wage earner” if he or she earns $200,000.00, $250,000.00, $300,000.00, $350,000.00, $400,000, $500,000, $500,000+ etc…?? What is the threshold under which a judge will impose the statutory guidelines or over which a judge will consider deviation from the guidelines? The answer is each judge has his or her own opinion as to where the threshold rests. Due to these variances, an experienced / local divorce and family law lawyer can provide guidance as to what a particular judge’s position may be.
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To meet with us, call The Walters Law Group, Ltd.’s attorneys at 312-806-6700 / 708-361-9700, or e-mail us using this online form.