child support 101/102 - The Gitlin Law Firm

Scafuri: In Scafuri, 149 Ill.Dec.124, 561 N.E.2d 402 (2d Dist. 1990), the trial court
awarded child support award of $10,000 per month according to the statutory guidelines. The
appellate court reversed and without remanding ordered child support of $6,000 per month --
19% of the payor's net income (three were three minor children). The Scafuri court ruled: (1)
The child support guidelines of Section 505 of the IMDMA: "shift the burden of presenting
evidence to the parent who is asking the court to deviate from the guidelines in setting a child
support award;" (2) "When dealing with above-average incomes, the specific facts of each case
become more critical in determining whether the guidelines should be adhered to.”
Lee: The trial court in Lee, 246 Ill.App.3d 628, 186 Ill.Dec. 257, 615 N.E.2d 1314 (4th
Dist. 1993), deviated from the support guidelines and ordered payment of support at $3,000
monthly for one child, noting that the amount was “more than adequate” to support the child.
The husband appealed urging that there should have been a greater deviation and the appellate
court affirmed the trial court’s award. In Lee, the husband's net income from 1988 through 1991
ranged from $234,000 ($19,500 per month) to $324,400 ($27,000 per month). These two sums,
respectively, would have produced monthly child support of $3,900 and $5,400. The trial court
awarded a child support figure "somewhat under the statutory guidelines". If we assume that the
husband's net income was a midway point between these two figures ($280,000 per year or
$23,000 monthly), then the trial court’s child support award that was affirmed was
approximately 13% of the husband’s net income.
Graham v. Adams: The 1993 Fourth District case of Graham v. Adams, 239 Ill.App.3d
643, 181 Ill.Dec. 541, 608 N.E.2d 614 (4th Dist. 1993), involved a deviation from the support
guidelines where the father had a net income in a range lower than the above cases -- $8,000 per
month (approximately $96,000 per year). According to the statutory guidelines the required
child support would be $1,600 per month for one chid. The trial court, however, set child
support at $400 per month. The Illinois Department of Public Aid appealed and the appellate
court affirmed the trial court. The appellate court stated:
“As this court has recently noted, "the support schedules contained in the statute
have less utility as the net income of the parties increases because the schedules
are premised upon percentages related to average child-rearing expenses."
[Citation omitted.] In cases such as the present, where the parties both have
above-average incomes, the specific facts govern whether the court should adhere
to the guidelines. [Citation omitted.] Child support is not intended to provide
children with an extravagant lifestyle but is designed to insure adequate support
payments for the upbringing of the children.” [Citation omitted.]
Thus, Graham affirmed an award of child support which was 5% of the payor’s net income
rather than 20% of his net income.
Bush: IRMO Bush v. Turner, 191 Ill.App.3d 249, 138 Ill.Dec. 423, 547 N.E.2d 590 (4th
Dist. 1989), ruled that it was an abuse of discretion for the trial court to order child support equal
to 20% of the husband’s net income where the husband’s net annual income was $150,000
per year ($12,500 per month). The trial court had ordered husband to pay $800 child support
per month to wife but also ordered the husband to pay into a trust account for the child's benefit
an amount equal to approximately 20% of his net income less the amount of the $800 per month
cash payment to wife. In reversing the trial court’s award, the Bush court calculated that husband
would pay child support of approximately $30,000 per year. The court noted there was no
evidence that the child's needs were not being met and that the record of typical expenditures for
the child tended to support an award of child support close to $800 per month. Thus, the Bush
Gitlin Law Firm, P.C. 1-50 www.gitlinlawfirm.com