Custodial Parent’s Financial Resources and Needs

The financial resources and needs of the custodial parent are also an important factor in deviating from the guidelines. In 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 involving two physician-parents with high incomes, the appellate court affirmed a six-percent child support order, stating:

Presumably, the trial court . . devised the formula involving [the support ordered, not all of which was in direct cash payments to the custodial parent] to moderate the cash amount paid for support but yet comply with the guideline figure. 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 account the life-style the children would have absent the dissolution, the court is justified in setting a figure below the guideline amount.[emphasis added.]

Similarly, in In re Marriage of Kraft, 217 Ill.App.3d 502, 577 N.E.2d 522, 160 Ill.Dec. 392 (2d Dist. 1991), the appellate court considered both the custodial and non-custodial parents’ incomes as factors in determining that the custodial parent could properly be required to support the child without contribution from the non-custodial parent. Kraft, 577 N.E.2d at 524, said:

Under section 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. [Citations omitted.]

See also In re Marriage of Roberts, 151 Ill.App.3d 65, 503 N.E.2d 363, 104 Ill.Dec. 806 (3d Dist. 1986) (when mother had only $200 in monthly earnings, trial court could reasonably have concluded she was not financially able to contribute support at that time).

While the financial status of a new spouse may not be considered in ascertaining the ability of a party to fulfill a child support obligation, it may be equitably considered in determining whether the child support payments would endanger the ability of the support-paying party and that party’s current spouse to meet their needs. In re Marriage of Keown, 225 Ill.App.3d 808, 587 N.E.2d 644, 647, 167 Ill.Dec. 375 (4th Dist. 1992) In Keown, the parties had split custody of their three minor children. The mother had remarried and enjoyed a more affluent lifestyle than in her prior marriage, enabling her not to have to work. Accordingly, it was not error for the trial court to equitably consider the mother’s present spouse’s income in determining that no child support flow from the respective parents because of the split custodial arrangements.

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