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Reason four: Divorce law varies from state to state in the United States.
Divorce law varies from state to state in the United States. Some states, other than Illinois, look at the income from parents in order to set the child support. This is called an Income Shares System. In these states, child support is set based upon a formula that takes into account the approximate amount of each parent's share, that would have been devoted to the child in a shared household if both parties remained together.
Therefore, if the custody parent makes $2,500 per month and the paying parent $7,500 per month, the paying parent would pay 75 percent of the support obligation. The custody parent would pay 25 percent. Calculations of this amount vary from state to state.
In Illinois, child support is based on the father or noncustodial parent's income. Illinois courts first determine the father's or payor's net income after income taxes and other deductions. Then a guideline percentage is applied. This is called a percentage of income system. Some states, notably Massachusetts and the District of Columbia, use a hybrid or combination of both methods.
Experience counts for a lot in a divorce case. While your best friend or your mother may be able to give you advice, lawyers who have spent their entire careers practicing divorce law have a unique perspective and the ability to give you an opinion and guidance based upon those many years in many divorce cases.
Our lawyers at Martoccio & Martoccio have many years of experience in knowing how Illinois applies to your case, and what arguments work best in Illinois Courts. To schedule your consultation, please contact one of our DuPage County divorce lawyers today.