Legal Question in Family Law in Illinois

As part of divorce I pay maintenance and child support. of the 32% of child support, is it figured after the maintence is taken out or before. If it is before, I think that is a double whammy paying 32% on money you never have.


Asked on 2/23/11, 2:20 pm

1 Answer from Attorneys

You don't mention the maintenance you pay in this case. It is impossible to tell whether you are paying more than you should without being able to read the judgment language from your case, and without seeing your income information among other facts. Typically there is no double counting - when maintenance is computed it is calculated in line with child support (i.e. 32% for child support, then an additional 10% for maintenance of the same original 100% of net income). The 10% is just an example, there are no guidelines for maintenance in Illinois as there are for child support.

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Answered on 2/23/11, 5:29 pm


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