When The Child Support Guidelines Aren't Enough

In Illinois, child support calculations generally begin with a formula. The formula considers each parent's income, the number of children, and the parenting schedule, and produces a resulting figure. In most cases, that figure is appropriate, particularly when considered alongside each parent's relative contribution to the children's direct expenses. But not always.

A recent Illinois appellate decision, In re Marriage of VanDuyne, offers a useful reminder of a principle most parents already sense intuitively: child support exists to reflect the realities of a child's life, not simply to satisfy a mathematical formula.

Divorce often results in two households with markedly different financial circumstances. Whether due to premarital agreements or other factors, one parent may have the income and resources to preserve the lifestyle the children were accustomed to, while the other, despite best efforts, may not have the means to approximate it.