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Child Support question - IL

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Ok so back with another question today. Yes I have a lawyer and yes we have met twice now. Yes I gave him the green light to start the paperwork needed for the divorce. He said in IL the child support is 20% for 1 child. But I have some questions about that.

Is it gross or net they base the 20% on? Also if they are having retirement etc withheld from their check is is before or after that comes out? Also is there a chance a judge would award an amount less than 20%?

I should have asked him that day but with all of the other questions and forms I did not think about it until later.
 
First off, I'm sorry you couldn't work things out with DH. I hope you can eventually make things amicable for the benefit of DD/DS.

Yes one child is 20% - no it will not be lower than that even if you make more than the other parent.

DH's support was figured on his NET pay, after taxes, after union dues. Not sure about the retirement because the union pays the retirement for DH.

If you work, ask for your DD or DS for tax purposes every other year - or every year if you want, just make sure you remember to adjust your withholding to reflect the years you will not get DD/DS for tax purposes.

Even before the divorce is filed with the courts, you will set up a parenting order. This will outline a lot of things including visitation and times, holidays, overnight guests, who gets DD/DS for taxes and other various expenses.

Make sure the child support is paid through the courts so you don't have to count on DH to send in the payments. They will be direct deposited into your checking/savings as directed by you. It is very difficult to get behind in support when it's coming directly from the employer.

Make sure you include school expenses and day care, even if you don't work right now - you may work sometime in the future. DH and exW split those 50/50. The school expenses at the beginning of the school year can run into the hundreds, especially when they start high school.

Make sure you outline who pays how much for medical too. DH's ex paid anything under $50 - but now, I would think more like $100 would be fair.

These are just a few things my DH's sister forgot to request as part of the divorce agreement, of course there is a ton more to think about, but not sure how much help you were really looking for. Not every lawyer thinks about everything, everytime. Easier to settle things now, than go back to court later.
 
The judge has nothing to do with child support. The rate is statutory, not up to their discretion.

Child support is generally no longer paid thru the courts. It is paid thru the State Disbursement Unit.
 
skincarekathy said:
The judge has nothing to do with child support. The rate is statutory, not up to their discretion.

Child support is generally no longer paid thru the courts. It is paid thru the State Disbursement Unit.
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Yes - that's what I meant too - sorry.
It doesn't have to be paid that way though. DH paid it directly until she started claiming we were behind and ended back in court where we were able to prove he wasn't behind, and had to pay another $1500 for the lawyer to defend it.
When his sister first seperated last year, her eXDH paid her direct - sometimes, when he felt like it. That's why I suggested they immediatley request it go through the SDU and the judge can order it to be paid that way.
 
2 kids was changed to 28 pct several years ago

1 kid 20
2 kid 28
3 kid 32
4 kid 40
5 kid 45
6 kid+ 50
 
If you are receiving just straight child support, it will be figured after taxes but before any deductions- including retirement.

If you are receiving unallocated (spousal support + child support) it MAY be calculated before taxes. If this is the case, YOU will pay taxes on it & your ex will get the tax break. Good for him, could cause $$ problems for you if you don't account for it.
 
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