Legal Question in Family Law in Illinois
Can a dad that deducts car payments on his schedule C deduct them again from his net salary to determine child support payments?
2 Answers from Attorneys
No - car payments are not a deduction from income for child support purposes
While I generally agree with Mr. Shimberg and in this case as a general rule he is correct, it is also true that expenses incurred in the production of income are deductible before determining child support. The mere fact that the vehicle is being deducted as a business expense on a Sch' C., doesn't necessarily make it deductible for C/S purposes. It will depend on whether or not the vehicle is actually needed for the business; i.e., a plumber's truck, a traveling salesman's car, would likely be deductible before determining net income. However, an attorney's vehicle used for driving to court or to the office but available for personal use would not be - at least in my opinion. This area has frequently been contested and argued and ultimately it will come down to a Judge's decision based on the specific facts of each case unless an agreement can be reached.