Changing Child Support

Child Support is determiend under 750 ILCS 5/505. The Court is supposed to consider many factors in child support including the needs and resources of the custodial parent. That being said, it will depend a lot upon the judge and the amount of the time that the noncusotidal parent spends with the child (and support that he might pay such as health insurance; day care; setting aside money for college, etc). The fact that a custodial parent makes as much (or more) than a non custodial parent may not mean that a judge will automatically deviate downwards in a child support obligation (or eliminate it)

Child support is considered for the "child's benefit" -- there is appellate law out there that says a court (and the parties) cannot waive child support. There is case law out there that supports deviations from the statutory guidelines. This is not an area of the law where someone can tell you the law is "a" and not "b". A court will look at all kinds of factors -- income and assets as well as liabilities. The court may even consider your income in trying to determine whether a deviation is warranted.

Most family law judges are caring and considerate people whow will want to know all the facts before making a decision. An experienced family law attorney can guide you throught his situation.