Defining Parent’s Financial Resources & How They Factor into Support 

When the court becomes involved in determining a child support order, the financial resources of the custodial parent can become a key factor, especially when deviating from the preset guidelines.  In re Marriage of Bush, 191 Ill.App.3d 249, 547 N.E.2d 590, 596, 138 Ill.Dec, 423 (4th Dist. 1989), for example, a case that involved two high-income physician parent’s, the appellate court affirmed a six percent child support order stating:

We now hold that where the individual incomes of both parents are more than sufficient to provide the reasonable needs of the parties’ children, taking into consideration the life-style the children would have absent the dissolution, the court was justified in setting the figure below the guideline amount.

Similarly, in re marriage of Kraft, 217 Ill.App.3d 502, 577 N.E.2d 522, 160 Ill.Dec. 392 (2nd Dist. 1991), the appellate court took into account both the custodial parent and the non-custodial parents’ incomes in determining that the custodial parent could properly support the child without contribution from the other parent. Kraft, 577 N.E.2d at 524, said:
Under 505(a) of the Act, the duty of support is contingent upon the earning capacity of the parties.  If one parent earns significantly more than the other, it is only equitable that [that] parent pay a greater share of support… When the custodial parent has sufficient income to support the child, but the non-custodial parent is not able to contribute financially, it is not an abuse of discretion for the trial court to order that the non-custodial parent is not obligated to pay child support.

See Also:

How Long is a Parent Obligated to Pay Child Support?

How Does Standard of Living Influence Support?

Expenses Covering Education, Physical Needs and Emotional Needs

Medical Coverage Factored into Support