[Mbailey821]

I'm going through a divorce in Illinois (Madison County). We currently have a temporty order in place for child support that my ex agreed to. Since the final date is nearing my ex is requesting additional monies. When I ask my lawyer about the Illinois standard (20% for one child) he is very vague with responses. The research that I have done doesn't mention if the courts/judges take into account my expenses when this figure is determined as other states do. There is about a 15K difference in salaries (mine being greater). Has anyone had experience with Illinois child support and did the judge take into account your expenses? I'm very concerned about this because if the courts award her the 20% without taking into account my expenses I will not be able to meet my own obligations. Any help with this is greatly appreciated.

[ebaines]

According to this site: Calculating Child Support Obligation for one child 20% of the non-custodial parent's income is standard by law in Illinois. Income here is net after taxes, health insurance premiums, expenses paid for the benefit of the child or custodial parent, expenses necessary for producing income, and expenses due to other court orders (such as from a prior divorce). However, special circumstance may be taken into account if it's in the best interest of the child.

Not sure what you mean by "expenses ... to meet my own obligations," but if these expenses aren't listed above, but instead are for things like a mortgage on your home or a car payment, you will probably have a hard time convincing the judge.

[Mbailey821]

Thanks ebaines!!

Expenses as in what it takes for me to live (rent, electric, gas, food, etc... ). Obligations as in, I have 2 loans that were taken out while we were together that I took responsibility of. 38 of the 50 states take account for these type of things, but Illinois doesn't seem to. If awarded solely on the guidline of 20%, I cannot afford a descent living for my son while he is in my custody, which is 50% of the time. Not to mention, she doesn't make much less than I do.

I guess what I am really looking for is Illinois cases that have settled that resemble my situation. I've tried researching this, but could not find anything.

I really appreciate your information!!

[cdad]

Thanks ebaines!!!

Expenses as in what it takes for me to live (rent, electric, gas, food, etc...). Obligations as in, I have 2 loans that were taken out while we were together that I took responsibility of. 38 of the 50 states take account for these type of things, but Illinois doesn't seem to. If awarded soley on the guidline of 20%, I cannot afford a descent living for my son while he is in my custody, which is 50% of the time. Not to mention, she doesn't make much less than I do.

I guess what I am really looking for is Illinois cases that have settled that resemble my situation. I've tried researching this, but could not find anything.

I really appreciate your information!!!

Truthfully most judges don't really care about your bills. The child support is for the child. The courts tend to fugure that you can adjust your lifestyle to accomidate the payment. If not they like to throw penalties at you. Quite frankly the courts don't have much sympathy for the NCP.

[Mbailey821]

I appreciate your info cdad, but it doesn't take $1,400 a month from the ncp which has 50% custody. So in theory, my son would be getting $2,800 per month (if the cp is providing the same). It doesn't take $2,800 to raise a child. It makes no sense on how Illinois handles child support. It is unfair for a parent that is very involved in their child's life to have to sacrifice the life style they would have to better the life style when they are with the cp. It should be an equally divided between the two household. If the child's best interest is in hand.

I do appreciate your response. Thank you!