Legal Question in Family Law in Illinois

I want to get child support for my daughter. I live in IL and I did a little research on my own. Most websites that I went to said 20% of his income. Her father contacted his own lawyer and his lawyer told him that because he has another child that I would be lucky if I got 15%. I don't want to go to court if I don't have to. So I would like to know if what his lawyer told him to be true. Thankyou.

Kelly


Asked on 12/09/09, 8:25 am

2 Answers from Attorneys

John Steele Steele Law Firm

You are entitled to 20% of his net income, and any money he pays for prior child support orders are taken out of his pay when calculating his net income for your child. So you very well may get less than 20% of his entire after tax income. If he is talking to a lawyer about how little ha can get away with paying you, it is unlikely this will be an amicable matter.

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Answered on 12/14/09, 6:44 am
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Mr. Steele is mostly correct; however, the real issue for the court to decide is which child is a firstborn child. If your child is the oldest, regardless of when you apply for child support, you get the first 20% of his net aftertax income. If your child is the youngest then what Mr. Steele says applies. Also if your child is firstborn then the mother of the second child may be looking at a reduction in her overall support.

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Answered on 12/14/09, 9:24 am


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