Non-custodial Parent’s Financial Resources and Needs

Another factor that the court may take into account both at the time the support is first set and at the time of any modification is “the financial resources and needs of the non-custodial parent.” 750 ILCS 5/505 (a)(2)(e). This factor usually appears in the case discussions in conjunction with the factor that focuses on the resources and needs of the custodial parent. 750 ILCS 5/505(a)(2)(b). See e.g., In re Marriage of Bush, 191 Ill.App.3d 249, 547 N.E.2d 590, 138 Ill.Dec. 423 (4th Dist. 1989)(both parents were physicians and had substantial incomes, leading ultimately to affirmation of support award of six percent of non-custodial parent’s net income); In re Marriage of Kraft, 217 Ill.App.3d 502, 577 N.E.2d 522, 524, 160 Ill.Dec. 391 (2d Dist. 1991) (“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 child support.”).

In In re Marriage of Webber, 191 Ill.App.3d 327, 547 N.E.2d 749, 138 Ill.Dec. 582 (4th Dist. 1989), the appellate court affirmed a reduction in child support based on a good-faith voluntary change in employment that resulted in reduc3ed financial ability of the non-custodial payor parent. In In re Marriage of Piktel, 81 Ill.App.3d 567, 401 N.E.2d 584, 36 Ill.Dec. 743 (2d Dist. 1980), a case involving two parents who had very little income the court awarded the custodial parent over 50 percent of the non-custodial parent’s income in an attempt to balance the financial burdens somewhat. “It is recognized that the trial court’s order poses difficulties for the respondent [payor] but any lesser support payments to the petitioner [payee] would correspondingly increase her difficulties.” [Emphasis in original].] 401 N.E.2d at 587.

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