CHICAGOLAWBULLETIN.COM TUESDAY, FEBRUARY 26, 2019 ® Volume 165, No. 39 Serving Chicago’s legal community for 164 years Despite new state law, child support can remain tricky for pro athlete F amily law cases involving Family Services’Income Shares from economists, what should sat- professional athletes or Schedule Based on Net Income isfy a child’s needs. TIME-OU T other high-income earn- chart (or Income Shares Chart). In divorce cases, the court will ers require a strategic The chart provides the basic also look to the standard of living game plan, especially child support obligation for sit- during the marriage to determine when it comes to the determi- uations where the parents have a the child’s needs and whether nation of child support. combined net income of up to they are higher than the standard There is a common misconcep- $30,024.99 per month AMY N. child. However, in parentage cas- tion that if one parent is a pro- ($360,299.88 per year). When the SCHILLER es, where the parents were never fessional athlete, then the other par- combined net income of the par- married, it will be more difficult ent, with a lower income or no in- ties is higher than that, the Illinois for the court to determine the come, is automatically going to win statute does not provide for ex- child’s needs unless they are older Amy N. Schiller is an attorney at Schiller big when child support is ordered. trapolation. Thus, in cases involv- DuCanto & Fleck LLP where she and their status quo lifestyle has This result seemed reasonably ing professional athletes, the chart practices family law with a strong focus already been established. likely under the old Illinois child appears inapplicable. on property issues and the complex The other parent should argue support statute, where, absent a Did Illinois forget that profes- financial and custody matters facing that child support should be high- judge using discretion to deviate, sional athletes usually make more professional athletes and entertainers. er than the highest basic child She can be reached at aschiller@sdflaw.com. child support was calculated using money than that? How do we de- support amount provided in the a set percentage of the payor’s termine what their child support chart. In divorce cases, this ar- uncapped net income. The set payment is? complete discretion to pick any gument will be more successful if percentage started at 20 percent Professional athletes will get child support number, both pro- a high-end marital lifestyle was for one child. special treatment under Illinois fessional athletes and their exes established. Current Illinois law provides a child support law, as long as the could benefit from negotiating an In parentage cases, it will be completely different and more total net income in their case ex- agreed upon child support sum difficult for this parent to prove complex formula for determining ceeds $30,024.99 per month. It that is acceptable to both sides that the child’s needs are greater child support. just isn’t clear whether their spe- and satisfies their child’s needs. than the standard child unless In recent cases, this method cial treatment in this arena will be In working on many cases this child has a previously estab- has result in guideline child sup- beneficial or detrimental. where there is one disproportion- lished high-end lifestyle, funded by port being lower than in the past. In cases where the parties have ately higher income earning par- the professional athlete parent. This is partially because as of July a combined net income of more ent, I have noticed that the child Although the court cannot or- 1, 2017, Illinois statutory guideline than $30,024.99 per month, 750 support recipient is more likely to der maintenance in parentage child support is based upon a for- ILCS 5/505(a)(3.5) applies, which settle for a lower amount of base cases, when fighting for higher mula which considers both par- allows the court to use discretion child support when the other par- child support, this parent should ents’i n co m e s . to determine child support. In ent agrees to pay a larger per- also consider that the court may Even when one parent is vol- these cases, the basic child sup- centage of direct expenses, includ- not favor a situation which results untarily unemployed or underem- port obligation cannot be less ing educational, medical, extracur- in the child living a completely ployed, including for the reason of than the highest basic child sup- ricular and child care expenses. In different lifestyle with them in being married to or dating a pro- port obligation set forth in the divorce cases, the statutory or comparison to with the more fessional athlete, the court will incomes shares chart. agreed upon spousal maintenance wealthy parent. likely impute income to that par- According to the chart, the award will also ordinarily come Under current law, the court al- ent based upon their potential and highest basic child support sum into play when negotiating the so has the discretion to order ex- probable earning level. listed for one child is $2,241 per child support figure. tracurricular activity expenses, Per 750 ILCS 5/505(a)(3.2), month. Therefore, after applying If settlement negotiations fail, it school expenses, child care expens- there is a rebuttable presumption the formula, the payor parent’s is anyone’s game. Each side should es and medical expenses on top of that a parent’s income will be at highest possible child support pay- strategize using the statute’s am- base child support. Both teams least the amount of 75 percent of ment for one child would be in the biguities to prepare a playbook of should be prepared to advocate for the most recent U.S. Department ballpark of $2,000 per month. But arguments in support of their ide- how these expenses be divided be- of Health and Human Services since the court is not limited by al child support number. tween the parties. This won’t be a federal poverty guidelines for a the chart, the court can techni- Outcome predictability will be slam dunk for either party and will family of one person. cally order much higher than that. difficult because the newer Illinois depend on each parent’s total net The child support calculation The court may also apply 750 child support statute has only income after payment or receipt of also factors in other information ILCS(a)(3.4), which allows the been around for about a year and base child support. including the parenting time al- court to deviate from child sup- a half. The lack of existing prece- Regardless of outcome, child location between both parents and port guidelines if it makes specific dent makes it unclear how high or support will generally be modi- economic data regarding the stan- findings that the application of the how low the court will go in using fiable if a substantial change in dard needs of a child. guidelines would be inappropriate. its discretion. circumstances occurs, including a Following the current statute, If this happens, then the court The professional athlete should substantial change in either par- the combined net income of both may also deviate lower than the argue that child support be e n t’s income. Given the typically parents is first calculated, then it highest basic child support capped at the highest basic child short duration of a professional is used to locate a “basic child amount set forth in the chart. support amount provided in the at h l e t e’s career, round two of the support obligation”on the Illinois Before throwing in the towel income shares chart because the child support contest should al- Department of Healthcare and and allowing the court to use its legislature determined, with input ways be anticipated. Copyright © 2019 Law Bulletin Media. All rights reserved. Reprinted with permission from Law Bulletin Media.