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Asked 1/2/2010

I am in Illinois, I understand that for 1 child it is 20% percent of net income, is that after taxes, retirement savings, health insurance, savings?

I am in Illinois, I understand that for 1 child it is 20% percent of net income, is that after taxes, retirement savings, health insurance, savings? We are not married but had a child together and now that we are splitting up we are trying to determine how much child support should be paid. He thinks it is bring home pay, which he has mulitple deductions such as savings and car payment deducted from check. My question would be what payroll deductions are valid that would substract
from net income for child support payments?

 
 
 
 
 
Answers

Answer 1/1 - Submitted 1/2/2010

No, he sure is "wishin"". The determination of "net" will not include any VOLUNTARY deductions, such as car payment, or personal loan or paycheck advances, or savings that go into a voluntary saving program.


I Ill., the child support depends on the noncustodial parent's net income . With one child the minimum (note minimum) is 20% ( as you already know, but it can be MORE) according to the Illinois Statutes (750 ILCS 5/505 Sec. 505).

Factors for which the court can deviate (note: deviate) may include but are not limited to:

The financial resources (do thay have their own trust account, child model?, etc) and needs of the child(ren) (need braces, psychological therapy, birth defect or otherwise disabled etc);
The financial resources ( resources can mean your education; are you underemployed?, type of work, prospects , etc.) and needs of the custodial parent ( are they undereducated, in therapy, jobless, etc.);
Standard of living the child(ren) would have enjoyed had the marriage not been dissolved, the separation not occurred, or if the parties had married (this is critical to the well-to-do that has child(ren) with the not so well to do; or one parent is married to another party, and the child does not have the same advanatges as the "other children" or children of the marriage);
The physical and emotional condition of the child(ren) and their educational needs;(if you went to college you can be sure the court will expect you to send your children if they wish) and
The financial resources and needs of the non-custodial parent.
Net income is the total of all income from all sources, minus the following deductions:

Fed income tax; State tax; Social Security ; Mandatory retirement; Union dues; dependent health insurance premiums;
Prior obligations of support or maintenance actually paid pursuant to a court order or administrative order;
Expenses to repay debts that represent reasonable and necessary expenses for the production of income;
Medical expenses necessary to preserve life or health; and
Reasonable expenses for the benefit of the child and the other parent, exclusive of gifts.
If net income cannot be determined, the court shall order support in an amount considered reasonable in the particular case.

If net income cannot be determined in administrative cases, the Department uses a standard amount based on the state’s minimum wage to arrive at the monthly support obligation. Support orders established through this process have the same force and effect as a judicial order. (45 CFR 300.0 or 89 IL Administrative Code, Sec. 160.60 or 305 ILCS 5/Art. X).

 
 
 
 
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