In re Marriage of Patel, 2025 IL App (3d) 240453
Child Support Modification Caps Are Unenforceable
Child support modification caps in marital settlement agreements are unenforceable. Illinois courts apply section 502(f) standards regardless of contractual provisions. Trial courts must provide written findings when deviating from guidelines under 750 ILCS 5/505(a)(3.4). Attorneys should avoid non-modification clauses in MSAs.
Facts
Deepak and Binita Patel divorced with a marital settlement agreement capping child-supportable income at $500,000 and declaring it nonmodifiable. Binita later sought modification based on Deepak's substantially increased earnings reaching high six figures. The trial court modified support to $3,750/month.
Issue
Whether marital settlement agreement provisions capping child-supportable income and declaring them nonmodifiable are enforceable under Illinois law.
Holding
The appellate court affirmed, ruling that child support terms cannot be made contractually nonmodifiable. The original order was voidable for lacking required written deviation findings, and the trial court properly exercised discretion in modifying support based on changed circumstances.
Key Reasoning
- Section 502(f) controls child support modification regardless of private contractual agreements attempting to waive modification rights
- The court evaluated multi-year income documentation showing dramatic increases in Deepak's compensation and changes in Binita's income as substantial circumstances
- Original support order violated 750 ILCS 5/505(a)(3.4) by failing to include written findings explaining deviation from guidelines
- Trial court applied abuse of discretion standard and permissibly deviated upward from $2,026 guideline amount based on parties' high incomes
Practical Impact
For Petitioners
Compile comprehensive multi-year income documentation including W-2s, bonuses, and equity compensation to demonstrate substantial changes in circumstances
For Respondents
Challenge modification requests by disputing income calculations and arguing against upward deviations from guideline amounts
When This Applies
Applies to high-income cases with MSA modification restrictions; distinguishable when proper written deviation findings exist in original orders
Statutes Cited
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