How Does Standard of Living Influence Support? 

In an effort to calculate an order for child support, the court tries to determine what the child’s standard of living would have been if the parents stayed together or if the marriage had not dissolved.  The term “lifestyle” is often used in place of “standard of living”.  This can become a complex argument for either side and the courts have seen compelling arguments for and against raising and lowering support.  There are many cases to draw information from and making yourself familiar with some of their nuances may help your case.

In re Marriage of Bussey, 108 Ill.2d 286, 483 N.E.2d 1229, 91 Ill.Dec. 594 (1985), The Illinois Supreme Court rejected the argument that a child is entitled to receive support only for basic needs.  As the court noted, to accept that argument would be to read the “standard of living the child would have enjoyed had the marriage not dissolved” out of the statute and to deny the child that benefit.  As the court stated “A child is not expected to have to live at a minimum level of comfort while the non-custodial parent lives a life of luxury.”  483 N.E.2d at 1234.  The court found no abuse of discretion in increasing the support to $900.00-per-month award for two children based on a $14,000.00-per-month income, in addition the parent was also ordered to make direct payments for other expenses such as medical care, counseling and private schooling.  This award represented approximately 6.5 percent of the non-custodial parent’s income.

See Also:

How Long is a Parent Obligated to Pay Child Support? 

Expenses Covering Education, Physical Needs and Emotional Needs 

Medical Coverage Factored into Support 

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