Divorce Lawyers New York - Recent Family Law Decisons (47)
RECENT FAMILY LAW DECISIONS (47)
Factors Considered
Courts must consider the statutory guidelines in 750 ILCS 5/505 as part of a modification analysis. This approach comports with the principle that courts consider the same factors they considered in formulating the original support order.
When setting an amount for modification of child support, the court may consider the same factors used when formulating an original support order, including the standard of living the child should have enjoyed if the marriage had not been dissolved and the financial resources of the non-custodial parent.
When determining whether there is sufficient cause to modify an award of child support, courts consider both the circumstances of the parents and the circumstances of the child.
When determining whether there is sufficient cause to modify an award of child support, courts consider both the circumstances of the parents and the circumstances of the child.
Upon application for a modification of support, the court’s paramount consideration is whether a substantial and material change in circumstances has occurred since the entry of the decree which would authorize the court to change the allowance.
In determining whether to modify child support, the increase in the parents to provide for them, and where a change has occurred which creates a substantial imbalance between the child’s needs and the parent’s support capabilities, modification is required.
If the threshold question of substantial change is met when determining whether to modify child support, the court, in determining the amount of increase in child support, considers the same factors it considered in formulating the original amount.
Trial court is to consider the same factors in considering modifying the amount of child support as it considers in formulating an original support order.
Modification of support obligation is appropriate where the supporting spouse terminates his employment to further his education, has suffered substantial economic setbacks resulting from investments, or has encountered a reduction in income because of a change in employment or occupation.
Under this Act, the paramount consideration of the court in determining whether to modify a child support order is to determine whether a substantial and material change has intervened since the original support allowance was made; while the needs of the child and the financial status of the noncustodial parent are important factors in making the decision, the court must also consider the financial resources of the child, the financial status and needs of the custodial parent, the standard of living the child was accustomed to prior to dissolution, and the physical and emotional needs and educational needs of the child.
Factors to be considered by the trial court in exercising its discretion regarding modification of child support provisions include financial resources of children, financial status of custodial parent, financial resources of noncustodial parent, standard of living the children would have enjoyed in absence of divorce, and physical, emotional and educational needs of the children.
The factors to be considered in making an award of child support are applicable to modification proceedings.
The needs of the children should be considered with the available means of both parents to contribute to or satisfy those needs; the accommodation or balance between the needs of the children and means of providing support is not dependent alone upon the existence or nonexistence of an increase in the income of the supporting parties.
