Gary L. Schlesinger Libertyville Child Support Lawyer
Posted over 13 years ago.
where do you come up with this? the existing order is child supt. period. other parent wants other stuff. without a court order to pay it, asker need not pay the other stuff.
but if other parent goes to court to request payment of other items, the statutes now permit that.
there is case law that payor is not entitled to an accounting.
illinois does have a formula, in is in 505.
Luke D. Kazmar Chicago Child Support Lawyer
Posted over 13 years ago.
formula which integrates % spent with each parent? formula which takes ratio of incomes? anyhow, my comprehensive answer was the longer of the two heretofore posted.
Gary L. Schlesinger Libertyville Child Support Lawyer
Posted over 13 years ago.
length of answer does not correlate with correctness of answer.
what you propose concerning ratio of income is called the income shares approach. many states have it. we do not. rumor has it that the family law task force proposed legislation to completely re do the family law statutes includes income shares approach. the bill has not yet been introduced.
as to percent of time, there are some cases that say it can be considered. the problem is that if support is based on per cent of time and if one parent does not utilize all that time, the support is not correct. see reppen-sonnenshine from the second district.
Luke D. Kazmar Chicago Child Support Lawyer
Posted over 13 years ago.
Unless we are talking windfall. Then guideline will pay for all that and a bar of gold. Until we get accounting, you never really know where it goes. Several states actually have an accounting provision built in. IL lack of formula is sad--but the rumbling is that we are heading in a more math-oriented direction.