On the Nature of Presumptions… Hard and Soft Standard of Review

Learn the differences between 215 and 604 evaluations, understand what types of testing are currently involved in custody evaluations and how those results are handled, and gain new perspectives on the value of the evaluation process and its role in informing the court.

The Illinois Child Support Guidelines provide that the court may “deviate” from the presumptive award “if the application would be inequitable, unjust, or inappropriate.” Review how the guidelines were developed, what are they based on and what “other factors” have courts considered that should not be overlooked. Focus will be on how to argue for deviations including in a high-income case, how to argue for private school and extracurricular activities, and medical and childcare expenses.

Have you ever tried to determine child support and the calculations you received are vastly different from the calculations provided by your client, opposing counsel, or even the Judge? Explore the variables, assumptions, and tax implications which impact child support calculations irrespective of whether or not child support is based on statutory guidelines. Recognizing and understanding the variables which may impact child support calculations encourages financial transparency, thereby enhancing the path to resolution.