My question involves a child custody case from the State of: Illinois
I have 2 Child Support cases, Ohio and Illinois. Federal Law dictates not to exceed 55% However I am paying 65% between the 2 orders. The Ohio order was pre-existing when the Illinois order took effect. I have read through the federal law statute as well as § 750 ILCS 5/505. Child support; contempt; penalties. From these I am to understand the following
1. Support is not to exceed 55% of disposable income
2. Disposable income is defined as: income after taxes, insurance, mandatory retirement, and support order(s) are deducted.
3. Per the Illinois statute the minimum percentage would be based of my disposable (net) income after the pre-existing order and other associated deductions, unless that number with the previous support order exceed 55% then the max would be what equals out to my 55%
Next, I have had to gain a part time employer to make ends meet. I have not been able to find anything that definitively states that part time employment can not be taken into consideration for support. I have found several case rulings where the non custodial parent, who worked a full time job as well as a part time job the part time job income was not taken into consideration. There were to stand points in those decisions:
1. The parent will not be indemnified to work a full time job as well as part time job to maintain the status quo of Child Support.
2. The parent working a 40 hour a week full time job with benefits should not be penalized in working a part time job to maintain a quality of life.
Any help in finding definitive statutes for these concerns is greatly appreciated.
I have 2 Child Support cases, Ohio and Illinois. Federal Law dictates not to exceed 55% However I am paying 65% between the 2 orders. The Ohio order was pre-existing when the Illinois order took effect. I have read through the federal law statute as well as § 750 ILCS 5/505. Child support; contempt; penalties. From these I am to understand the following
1. Support is not to exceed 55% of disposable income
2. Disposable income is defined as: income after taxes, insurance, mandatory retirement, and support order(s) are deducted.
3. Per the Illinois statute the minimum percentage would be based of my disposable (net) income after the pre-existing order and other associated deductions, unless that number with the previous support order exceed 55% then the max would be what equals out to my 55%
Next, I have had to gain a part time employer to make ends meet. I have not been able to find anything that definitively states that part time employment can not be taken into consideration for support. I have found several case rulings where the non custodial parent, who worked a full time job as well as a part time job the part time job income was not taken into consideration. There were to stand points in those decisions:
1. The parent will not be indemnified to work a full time job as well as part time job to maintain the status quo of Child Support.
2. The parent working a 40 hour a week full time job with benefits should not be penalized in working a part time job to maintain a quality of life.
Any help in finding definitive statutes for these concerns is greatly appreciated.
Modification of Support: Can a State Exceed the 55% Federal Law
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