Can court order to pay percentage of income, against terms of divorce decree?

Asked almost 4 years ago - Chicago, IL

2001 Divorce decree requires me to pay set up sum of child support (not % of income).
My situation changed in 2007, when my ex found out that my income increased a lot.
Now my ex insists on paying % of my income for 2007-2008.
now, in 2010 ex saying that she disagree with divorce decree to pay set up sum and asking court to change to %
If she wasn't agree with payment of set up sum back in 2001, she had to appeal at that time..now is ot late. Am I correct?

Attorney answers (2)

  1. J. Richard Kulerski

    Contributor Level 20

    Answered . Your question is a good one and it stems, in part, from an odd thing in IL law.

    In one part of our child support law, it requires that child support payments be equal to the applicable percentage guideline. In another part of the same law, it requires that all child support be paid in fixed dollar amounts, and not in percentages. In another part, it allows for percentage amounts under certain circumstances.

    However, if there are no unusual circumstances, then child support must be in a fixed dollar amounts which is geared to a percentage of base pay. Bonus, commission, and overtime income is always extra, or in addition to, base pay amounts.

    Your question cannot be answered properly without knowing some other things, e.g., what it says in your judgment, whether your increase was due to a base pay increase or because of other reasons, etc. It is safe to say that you will likely be paying more if you continue to earn more, but your ex may not be able to collect back pay on the particular increase you mentioned.

  2. David Matthew Gotzh

    Pro

    Contributor Level 20

    Answered . No, you are incorrect. The IMDMA has undergone significant changes since 2001. 750 ILCS 5/510 covers subsequent modifications. Many post-decree modification have been filed as a result because the percentiles have gone up.

    Ergo, you will need to refile your 13.3.1 & 13.3.2's, get your subpoena's filed, and grab a good lawyer. I've seen support orders DOUBLE in circumstances analogous to yours - so I would urge you to contact the Chicago Bar Association and talk to an attorney to see what your options are.

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