How is Child Support Determined?
Answer: At present, our Illinois courts determine child support payments by using a percentage formula - The Court shall determine the minimum amount of support by using the following guidelines – While our above statute states that the above percentages will be the minimum amount of support to be paid, the minimum has become the norm. The above percentages presume that the children reside … [Read more...]
What Children’s Expenses are Included in Child Support?
Answer: It covers the obligor’s portion of the ordinary and reasonable living expenses of the child. All children require food, clothing, and housing, but not all children play hockey or soccer, take karate or piano lessons, or require tutoring. Consequently, costs such as these are extraordinary and are outside the realm of ordinary child support.
What Children’s Expenses Are Not Covered By Child Support?
Answer: Day care, extracurricular, and activity expenses (e.g. hockey, soccer, karate lessons, music lessons, tutors, etc.) are not included in child support payments. Any contributions toward these costs are in addition to child support.
Are Overtime, Bonuses, and Commissions Included in Calculating Child Support?
Answer: Yes. Child support is based on the obligor’s net income from ALL sources. This includes, but is not limited to, interest earned on savings accounts.
What Happens When a Person’s Income is Not Guaranteed (e.g., overtime, bonuses, and commissions) and Fluctuates from Year to Year?
Answer: Child support is based on the obligor’s net income from ALL sources. This includes, but is not limited to, interest earned on savings accounts.
Can I Stop the Direct Deposit of My Paychecks?
Answer: Yes. However, changing the method or the flow of income to the household is often perceived as an act of war and should be done with tact.
Can We Go Back to Court in The Future to Increase or Decrease Child Support Payments?
Answer: Yes. A change in child support can be effectuated upon the following: A. Upon a showing of substantial change in circumstances; B. Or upon a showing of a need to provide for the health care needs of the child through either health insurance or other means. Any modification of a support order must be done by the court and it doesn’t become legal until the court says so. For the law terminating, … [Read more...]
If I Remarry – Can They Look at My New Spouse’s Income?
Answer: Your new spouse’s income has no direct bearing on how much child support you either pay or receive. However, if you are the person paying child support, the court may consider your new spouse’s income indirectly. The new spouse’s income only comes into play within the context of how it may lighten your financial load and make some additional funds available for child support. The new … [Read more...]
Who Pays for the Children’s College?
Answer: The parties are free to negotiate this to their mutual acceptance. However, if they do not address this in their marital settlement agreement, the law requires both parents and the college or trade school student to contribute a percentage that is commensurate with their individual wealth, income, and financial wherewithal. The court often requires the student to exhaust his or her loan possibilities.
Who Pays for the Children’s Health Insurance and Co-Pays?
Answer: Generally, this depends upon the parties’ earnings and the caliber and cost of their health insurance coverage. If both parties are employed and have relatively comparable income, they typically share (on a 50-50 basis) the cost of the children’s health insurance, co-pays, and non-covered health expenses. The parent with the most beneficial and economically feasible coverage will put the … [Read more...]
For More Information:
- Spousal Support (Alimony / Maintenance)
- Dividing Your Property
- Litigation (Going to Court)
- Child Custody and Visitation
- Cooperative Divorce Law
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Richard and Kari are staunch advocates of the non-court approach to divorce, and are also active and seasoned litigators with over 60 years of combined trial experience in the Illinois divorce courts of Cook, DuPage, and Will counties.
