Calculating Child Support When the Paying Parent Has Multiple Court Orders

 Posted on December 00,0000 in Child Support

While sometimes determining child support is a straightforward matter, other cases present difficulties and gray areas. In these situations, an attorney is often required to assess the financial situation of the parents and determine how much is owed for the support of the child or children at issue.

One such complicating factor is if a parent has more than one child support obligation. For example, if a father has children with two different mothers, there may be more than one child support order, which may affect the obligations owed.

Child Support Law in Illinois

To understand the mechanics of this calculation, we must first review the general law on child support calculations in Illinois. Beginning July 1, 2017, Illinois will be using the “income shares” method of determining child support. Under this model, courts will require each parent to prove their net income and then use tables to set the child support amount.

Determining Net Income

There are numerous deductions a parent can take when calculating his or her net income. For example, a parent can deduct income taxes and health insurance premiums from his or her gross income. Another deduction that can be made is child support already being paid for the benefit of another child.

Order May Affect Your Child Support Amount

Due to this allowance, it may matter if you are the first or subsequent party seeking child support from this parent. If you are the second or later child support order, the other parent’s net income will be less than if no other orders are in place.

The Effect of the New Child Support Laws

If you already have a court order for child support payments, nothing will change. An order to modify a child support order is eligible for review every three years or where there is a ‘significant change in circumstances” (either with the needs of the child or the income of a parent).

The change in the law does not provide a “significant change in circumstances” that would allow for a modification of a support order.

Contact an Aurora Child Support Attorney

Child support is a critical issue for the overall well-being of your family no matter if you are the payor or payee parent. A skilled family law attorney can review your case and determine if it is likely that a court would approve a change to your child support order.

Call the qualified Kendall County child support lawyers of The Law Office of Matthew M. Williams, P.C. at 630-409-8184 to set up your initial meeting with our firm.

Source:

https://www.illinois.gov/hfs/ChildSupport/parents/Pages/Modifications.aspx