Minimum Percentage Guidelines

The guidelines set forth in IMDMA §505 have been held valid against a multi-pronged challenge that they violated the state constitutional requirement of separation of powers, the state constitutional prohibition against special or local legislation, the state constitutional provision ensuring a remedy for injuries, and the state and federal provisions requiring both substantive and procedural due process and equal protection. In re Marriage of Blaisdell, 142 Ill.App.3d 1034, 492 N.E.2d 622, 97 Ill.Dec. 186 (1st Dist. 1986); In re Marriage of Cook, 147 Ill.App.3d 134, 497 N.E.2d 1029, 100 Ill.Dec. 760 (3d Dist. 1986).

Blaisdell, supra, 492 N.E.2d at 627, after ruling favorably on the guidelines statute against the various constitutional challenges, observed that the “guidelines legislation has, in reality, shifted the burden of presenting evidence in a child-support hearing to the parent who wishes to shift the non-custodial parent’s contribution below or above the specified percentages.” See also In re Marriage of Rogliano, 198 Ill.App.3d 404, 555 N.E.2d 1114, 144 Ill.Dec. 595 (5th Dist. 1990)

The guidelines also apply in Parentage Act cases, as provided in 750 ILCS 45/14(a)(1):

Specifically, in determining the amount of any child support award, the court shall use the guidelines and standards set forth in subsection (a) of Section 505 and in Section 505.2 of the Illinois Marriage and Dissolution of Marriage Act.

People ex rel. Sheppard v. Money, 124 Ill.2d 265, 529 N.E.2d 542, 124 Ill.Dec. 561 (1988); Parks v. Romans, 187 Ill.App.3d 445, 543 N.E.2d 277, 135 Ill.Dec. 42 (1st Dist. 1989)(Parentage Act case holding that guidelines must be applied and that limiting support to amount granted by Illinois Department of Public Aid (IDPA) was not justified).

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