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Child support figured before or after taxes?

Pittsfield, IL |

I make 36,500 a year. After taxes and insurance deductions - I take home around 28,000. Will my child support of 28% (2 children) be figured on the gross or net?

Attorney Answers 3

Posted

Child support is based on net income. A very common question is, "what is net income?" Net income is the total income from all sources minus certain deductions which I outline below from the statute:

(a) Federal income tax (properly calculated withholding or estimated payments);

(b) State income tax (properly calculated withholding or estimated payments);

(c) Social Security (FICA payments);

(d) Mandatory retirement contributions required by law or as a condition of employment;

(e) Union dues;

(f) Dependent and individual health/hospitalization insurance premiums;

(g) Prior obligations of support or maintenance actually paid pursuant to a court order;

(h) Expenditures for repayment of debts that represent reasonable and necessary expenses for the production of income, medical expenditures necessary to preserve life or health, reasonable expenditures for the benefit of the child and the other parent, exclusive of gifts. The court shall reduce net income in determining the minimum amount of support to be ordered only for the period that such payments are due and shall enter an order containing provisions for its self-executing modification upon termination of such payment period.

Communication with an attorney does not by itself create an attorney/client relationship or constitute provision or receipt of legal advice. Any communication with an attorney should be considered informational use only, and should not be relied upon or acted upon until a formal attorney/client relationship is established via a written agreement.

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2 comments

Asker

Posted

h) would loans for farming equipment and operating lines of credit fall under the "Expenditures for repayment of debts that represent reasonable and necessary expenses for the production of income" I am a farmer.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

yes they do. there is a case on that. best if you consult with a local divorce attorney.

Posted

It will be based on net, not gross.

The author provides the preceding information as a service to the public. Author's response, as stated above, should not be considered legal advice. An initial attorney-client conference, based upon review of all relevant facts/documents, will be necessary to provide legal advice upon which the client should then rely.

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Posted

Child support is based upon net income as defined by statute. Please read: http://www.avvo.com/legal-guides/ugc/how-is-child-support-calculated-2

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