Legal Question in Family Law in Illinois

I work on the road doin construction. I get i bring home 500 dollars a week. Plus i get 325 a week perduim. thats 825 after taxs. I dont pay for another home but the home i live in while i work on the road. So is it possible for the court to take 20% out of my perduim also? along with my take home pay?


Asked on 12/15/09, 9:05 am

1 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

A strict ready of the child support statute can give a judge justification to take a percentage of your per diem. You may be able to prove some of the expenses you are paying with the per dem should be allowed, but if you examine those expenses many are "normal" and not deductible. If you are not paying any additional rent and you have your regular food expenses, the per diem can be viewed as simply additional income subject to child support.

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Answered on 12/20/09, 9:20 am


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