Legal Question in Family Law in Illinois
child support
Hi, thanks for taking my question.
On child support for 1 child in Illinois, its 20%.
a. Can the person paying less than he should if he knows that he will be making less soon or should he base the amount on what he currently makes until then.
b. On health insurance, if C/S is based on his net, and employer is already taking $ out of his check for health insurance, when figuring out the correct C/S amount to pay, using the various child support calculators available online, can he then AGAIN deduct health insurance from his total assets?
When using the calculator, regarding the health insurance allocation, I think it should be left at zero, because he's already paying for it once.
Am I correct? Please help because we are going back and forth needlessly on something that should be so simple to figure out.
thanks so much.
2 Answers from Attorneys
Re: child support
Well in terms of what to pay, you need to pay the court's order. If your income drops then you need to get into court to modify the court order. The court's order is what should be paid.
Look at Section 505 of the IL Marriage and Dissolution of Marriage Act regarding how to calculate. For one child, support is generally 20% of the payor's net income. Net income is a person's gross minus federal and state taxes, soc. security, medicare and health insurance. So you need to just look at the payor's gross, then subtract everything that he's entitled to and then multiply by .2. Few areas are not clear as long as he/she is a straighty wage earner.
Re: child support
You always pay what the court says and the standard deduction is 20% of gross less allowable deductions. It sounds like you guys are making harder than it needs to be. Come up with the number , mulitply it, show the court.
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