Specific Terms in Private Agreements

In addition to specifying the amount of support, parents can, in private agreements, specify additional or different terms regarding what will be paid for by each parent (including direct payment by the non-custodial parent to third parties such as private schools, tutors, camps, lessons, etc.) and the form of payment. Since a child is not expected to have to live at a minimal level of comfort while the non-custodial parent is living a life of luxury (In re Marriage of Bussey, 108 Ill.2d 286, 483 N.E.2d 1229, 91 Ill.Dec. 594 (1985); In re Marriage of Bush, 191 Ill.App.3d 249, 547 N.E.2d 590, 138 Ill.Dec. 423 (4th Dist. 1989), the parents can provide for and exercise control or discretion over additional types of expenses. If the court finds tyhem in the child’s best interests, they will be enforced.

General family expenses such as house payments, utilities (shelter), and food are typically considered fixed needs that the court takes into account when determining a support award, but in a negotiated settlement agreement the parents can be precise about which needs are covered by which parent if they choose. In In re marriage of Eddy, 210 Ill.App.3d 450, 569 N.E.2d 174, 155 Ill.Dec. 174 (1st Dist. 1991), for example, the parents had (apparently by agreement) provided for the non-custodial father to make numerous direct payments on behalf of the child (car, school, etc.). This arrangement,, in a temporary order, was incorporated into the final order and was given effect when the appellate court affirmed the adequacy of the $3,000 per month child support award.

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