WHAT DOES IT TAKE TO GET A CHILD SUPPORT DEVIATION DOWNWARD?

Father filed a Petition to Modify Child Support.  He earned $826,284 annual net income. The court ordered him to pay monthly child support of $19,284.

Father argued that the court should have deviated downward. He argued that the $19,284 was way out of proportion to what the children needed.

The evidence showed that the father owned a home in Naperville. Two vacation homes and seven cars. He had over $1 million in savings.  He had a base salary of $500,000.

The mother earned $35,000 per year. She and the children still lived in the former marital residence.  She did not have enough funds to maintain it.  So, the residence had gone into disrepair.

What if the parties had stayed married? Would the marital residence have gone into such disrepair? Very unlikely.  The children were suffering because of the divorce.  They would have had a higher standard of living if the parties had stayed married.  All of the income would have been marital.  The appellate court said that the trial court decision was correct.

In re Marriage of Hill, 2015 IL App (2d) 140345.

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