Tag Archives: child support payments

IL divorce lawyerParents are expected to provide financial support to their minor children, even in the event that they get a divorce. Child support is often a contentious issue in divorce cases. It is typically paid by the non-custodial parent that has lost time they could have spent with their children. Being asked to make payments on top of that lost time causes some parents to feel upset and frustrated. One of the first questions they will ask is how much child support they will have to pay. While no one can determine an exact amount without reviewing the facts of the case, there are some helpful guidelines to follow.

The Income Shares Model in Illinois

When determining the amount of child support a parent will have to pay once a divorce is final, Illinois uses an income shares model. The model uses a table that outlines the percentage of income that was spent on the child when the parents lived together. If a child stays a minimum of 146 nights at the non-custodial parent’s house, that parent will have to pay 1.5 times more than basic child support obligations.

When determining the amount of child support a parent must pay, the paying parent’s net income is first calculated. A parent’s net income is the earnings they take home after taxes, other deductions, and applicable adjustments have been made. This is the first step in determining how much child support a parent is responsible for paying.

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child support payments, divorce and misconduct, DuPage county child support attorney, file for child support, illinois spousal maintenance, marital misconduct"Does my misconduct matter in my divorce?"

If you can answer "no" to the question, "Is there anything you've done you can't tell your mother about?" then you probably have nothing to fear in your divorce case regarding your prior misconduct.

However, like most things in life, there is often more to it.

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 child support in Illinois, child support payments, DuPage county child support attorney, file for child support, Illinois taxes, income taxable, overdue child support, past due child support, tax on child support, taxable incomeIf I file a joint income tax return with my husband this year, will the IRS or the State of Illinois take our refund to pay his past due child support to his ex-wife?

The State of Illinois or the IRS may intercept your combined income tax refund if your husband owes unpaid child support to his former wife (or the mother of his child), even if he is now on a payment plan with the State of Illinois to pay that child support in installments.

Back Child Support and the Treasury Offset Program

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Ankhanel v. Commissioner, child support in Illinois, child support payments, DuPage county child support attorney, file for child support, Illinois taxes, income taxable, overdue child support, past due child support, tax on child support, taxable incomeChild Support is Not Income Taxable

If you receive child support, you do not have to pay income tax on the support received. Child support payments are excluded from your taxable income by both the IRS and the State of Illinois. Even if you receive a lump sum of child support that is past due, or you collect a child support judgment, these monies remain nontaxable to you.

Child Support and Interest

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illinois divorce child support paymentsIn Illinois, the amount of child support ordered by the court is calculated using a formula that is based upon net income of the person who pays. Net income begins with finding gross income from all sources and then deducting the amount of federal and state income taxes "properly calculated" among other deductions (750 ILCS 5/ 505). In setting guideline child support, Illinois divorce judges apply a fixed percentage of net income depending upon the number of children to be supported. For example, the guideline amount for one child is 20%, for two children, 28%, for three children, 32% and so forth (750 ILCS 5/ 505).

Many Illinois lawyers continue to make the calculation of child support based upon net income using a pencil and paper system or must contact an accountant to make this important calculation. Our attorneys at Martoccio & Martoccio are highly skilled and experienced in the use of FinPlan. Finplan is a computer program created by Illinois accountants and continuously updated by the publisher, Thomson-West. Our attorneys make it a point to take periodic classes in the use of this valuable program.

Many of the most experienced Illinois divorce judges also rely upon the Finplan program in ordering a child support obligation. It is frequently heard in Illinois divorce courts both from judges and divorce lawyers: "Where is the FinPlan calculation? I need to properly set child support."

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