Skip to main content

How to get a deviation from the child support guidelines?

Bloomington, IL |

I have 2 bio children who are 9 months apart. The oldest lives with me. The youngest I pay child support to. Youngest child's mother and I make around the same amount (mom makes $200 or 400 more a month) and I have the average every other weekend, 1 overnight every other week visitation. I also have $860 in 2 traffic tickets that need to be paid to get my license back which was a condition of the job. If I paid the 20% of income I would barely have money to support my older child and not even pay the tickets and mom would be making almost $1000 more a month than me only supporting 1 child and she gets the deductions too. And I'm still on public aide and mom isn't. How likely am I to get a deviation for a prior dependant and a limited deviation for my tickets to be paid?

Attorney Answers 3

  1. Deviation from guidelines is not based upon prior obligations for support. However, any prior support obligation is considered when calculating child support, so for example, the newer child's 20% would already take into consideration the prior child's support. Judges are usually not inclined to deviate much from guidelines without a strong argument in favor of that deviation. You really should have an attorney assist you with this.

  2. If you have a split custody arrangement as you described, there is a good chance to have support deviated or possibly have an offsetting of child support based on the 20% the mother would pay you. Regarding the payment of the traffic tickets, I would not advise a client to not pay support, but clients need to make their own decisions as to what they should spend their money on. It may not be an issue if you pay back the unpaid support prior to the Mother taking you to court. Unless support is modified, you will need to pay the support and interest regardless, but it appears you may have a decent defense to any contempt proceedings. I strongly recommend you contact an attorney in your area to discuss this issue in more detail and get proper representation.

    Any answers or information provided is for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the legal issues. This is not intended to create a attorney-client relationship. Each individual's situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state for specific information.

  3. the traffic tickets are your problem, your doing, not a reason to reduce support. drive more carefully and you will not get tickets.

    you most likely will get no deviation from the child supt. for the second child because of the first child since you are not paying support for the first child pursuant to a court order.

    kids are expensive. they need to be supported. you chose to have two so close in age. if you do not support your children, who should?

Child custody topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics