[dontknownuthin]

In Illinois, calculation of net for child support purposes does not allow the parent to deduct their own insurance premium. Barring a court order to the contrary, doing this would be improper. Per my boss - an Illinois family law attorney. I think your supposition is probably correct, and the attorney thought the non-custodial parent was covering the child under his insurance.

[AK lawyer]

Maybe your misunderstanding things.

Read this and then see how it applies to pretex dollars.

What does it mean when you have pre-tax dollar health insurance premiums deducted from your pay? - eXtension



Pre-Tax Medical Insurance FAQ - Total Compensation and Wellness - Human Resources - Wayne State University

These "pretax dollars" the author of the first blog is talking about would be dollars spent by the taxpayer's employer, not by the employee. Because if they were earned by the employee, and included in the W-2, some of that amount might be deductable, but not necessarily.

Babling on about "pre-tax dollars" and "after-tax deductions" suggests that the author of the blog doesn't know much about income taxation.

[ScottGem]

The employer portion of health insurance premiums doesn't appear on an employee's paycheck. The employee's portion can be pretax.

The question here is whether the child support cacl is based on gross or taxable income.

[GoIllini]

I am asking: Non custodial makes $24,000 per year. Subtract off approximately 20% for taxes and get $19,200... now can he subtract another $2,000 off to make it $17,200 take home. So, child support would be $3,440 per year or $286.66 pre month. OR- is child support 20% of $19,200= $3,840 per year?

Not a huge difference... I know. But, when I have went months without help. And... I provide child's health insurance. Every little bit helps.

[ScottGem]

If that $2K is out of pocket cost of his health insurance then no. But the court should take care of this. The court will require that he produce pay stubs and tax returns to prove his income. They will decide what his base income should be.

[GoIllini]

If that $2K is out of pocket cost of his health insurance then no. But the court should take care of this. The court will require that he produce pay stubs and tax returns to prove his income. They will decide what his base income should be.

Could you elaborate? No, what? $2,000 is HIS health insurance premiums for HIS health insurance.

[ScottGem]

I've explained this already. If IL looks at taxable income then if his health insurance premiums are pre-tax then they won't count towards taxable income. If not, then he can't reduce the income that is used for support calculations. But the court will tell him this. He can't just give the court an income number, he has to use paystubs and tax returns to prove income.

[GoIllini]

Non custodial ordered to pay. Not paying. Not signing income withholding. Now, attorney filing to enter without non custodial approval and reimburse my extra attorney fees.

Can anyone tell me what happens next? Just wondering about the process.

In Illinois.

[ScottGem]

If the court grants the garnishment order its served on the employer who must begin deducting payments and forwarding.

[GoIllini]

Thank you. Is it pretty common for judge to grant income withholding - if non custodial not paying and we have his employer information? Attorney is also asking for reimbusement of these court expenses.

[ScottGem]

Yes, income withholding is pretty common if the parent makes enough and the employer is known.

Attorney is asking whom? Its not uncommon for the NCP to ordered by a court to pay the costs of collecting support.

Note, I've merged your threads since they all bear on the same issue of collecting child support. It makes it easier for us to help if we know the whole story. Please post any follow ups to this thread.