Legal Question in Family Law in Illinois

Possible Child Support Dilema

I live in Illinois and so does my daughter and her mother. She wants to move to New

York and we have to redo some things in our divorce/child support court papers. My

paycheck has doubled since we last went to court for child support. I know the judge

will make my child support go up, but a third of what my W-2 shows is commisions for

doing freelance work. One paycheck, I might have $1,000 in commisions on there,

and the next I could only have $100. How will the judge determine what I have to

do, because if he says to pay 20% of my W-2, and I only have $100, or even $0.00 in

commisions on a paycheck, number wise, I could have to pay 35-50% of my

paycheck, and I wouldn't be able to afford my bills. What do you think could happen?

1 Answer from Attorneys

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