Statutory Factors

a. Child’s Financial Resources

A court may consider the financial resources of a child determining the amount of child support. In Larsen v. Larsen, 126 Ill.App.3d 1072, 468 N.E.2d 165, 82 Ill.Dec. 103 (3d Dist. 1984), for example, the appellate court noted that in making an award for college expenses, the trial court has discretion to consider both the child’s and the parents’ resources; it also noted, however, the children are not required as a matter of law to spend their own resources to attend college. In In re Marriage of Frazier, 205 Ill.App.3d 621, 563 N.E.2d 1236, 1238, 151 Ill.Dec. 130 (3d Dist. 1990), the child had received a settlement award resulting from a lawn mower accident. The court, in affirming the trial court’s reduction of child support pursuant to a petition for modification, took the child’s settlement award into account, noting that:

Were a child’s parents are unable to provide for his needs, his estate may be invaded to pay for his necessities. Citing In re Estate of Weiskopf, 30 Ill.App.2d 380, 188 N.E.2d 726 (1st Dist. 1963).

Frazier also noted that the child’s estate far exceeded the father’s financial resources, which was another reason for allowing the deduction. Cf. Gibb v. Triezenberg, 188 Ill.App.3d 695, 544 N.E.2d 444, 135 Ill.Dec. 948 (4th Dist. 1989)(court could order father to pay amount for college that would eliminate son’s need to apply for loans).

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