Can child support ever be “capped”?

The law in Illinois regarding child support seems relatively straight forward, in that a payor pays a certain percentage of their income after allowable deductions, depending upon how many children they have.  However, Illinois case law tells us that the Illinois Courts do not favor a “windfall” of funds being awarded to the other parent.  A “windfall”, generally, means that more funds are being paid for the benefit of the child than the child actually needs, and thus, the other parent is receiving a “windfall” of funds.

There are a few ways to deal with a potential “windfall” and every situation is treated uniquely.  Additionally, different Judges have different opinions on how much income is “too much” income for child support purposes.  Additionally, Courts try to keep the minor children in the same position financially that they would have been in had the family stayed intact.

One way to avoid a “windfall” is to set a cap on child support, where the payor doesn’t have to pay support when they earn over a certain amount.  Other Judges may order that any child support that would constitute a “windfall” be paid by the payor into a college savings account.  There is not a strict rule on what this amount is and it varies

Leave a Reply