Legal Question in Family Law in Illinois

Passive Income and Determining Child Support

I have searched and searched for any information on passive income and determining child support. My daughter's (twins) father (never married him...thank goodness) has income of 275,000 a year but if you take off passive income they say his income is only 60,000 per year. The difference in income is real estate gains from selling buildings. We initially looked at income averaging since he has sold different buildings over the last three years and came up with an average of $225,000. Is it right that they base my child support on only 60,000 per year? I have a temporary order in for $500 a month. He is poor though...and can't afford to pay me more than 550.00 per month. This same man has a condo in downtown chicago, a luxury car, literally eats out for every single meal, etc...where I am just barely scraping by...I am very lucky my landlord has not evicted me yet since I owe him some back rent....Is it me or is there really something wrong with this.

Right now we are preparing to go to trial....if he does not change attorney's again to get it postponed. This has been going on for 1-1/2 years so far.

Any help on passive income and child support would be greatly appreciated.

Thank you :)


Asked on 6/27/03, 10:46 pm

2 Answers from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: Passive Income and Determining Child Support

Unfortunately, you may be stuck. The court should have looked at his income tax returns in reaching its decision to award child support. Other than that, it takes good argument from you to get something from this income.

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Answered on 7/03/03, 9:13 am
Alia Caravelli Law Offices of Alia M. Caravelli

Re: Passive Income and Determining Child Support

A full response to all of the questions in this e-mail would require a review of the father's financial records. However, I can direct you to the Illinois Statute that outlines how courts determine child support - IL ST CH 750 � 5/505. The statute is available online through the Illinois General Assembly web page. I can also tell you that I have read many cases where courts did not include passive income in determining net income for purposes of child support. So it may be possible that the court has properly determined the father's net income at $60,000.

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Answered on 7/02/03, 1:30 pm


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