ABA Family Legal Guide

Family Law

3.4 Separation, Annulment, and Divorce

Child Support

What are reasons for setting support below the guideline amount?

Again, this varies from state to state, but common reasons for setting support below the guideline amounts include support obligations from earlier marriages and large debts related to family expenses to pay off. If the support guidelines are based on the income of only the noncustodial parent and if the custodial parent has an unusually high income, then the noncustodial parent can argue that the custodial parent's income is a reason for setting support below the guidelines. Also, if the guidelines do not have a cap or maximum level of income to which they apply, the high income of the noncustodial parent may be a basis for setting support below the guidelines. For example, using the Illinois guidelines described earlier, if a noncustodial parent has three children and an annual net income of $200,000, that parent may argue that the children do not need the $64,000 per year that the guidelines call for.