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Father has 2 kids with mom#1, and 1 kid with mom#2. How do you calculate child support in IL?

Chicago, IL |

My boyfriend pays more to mom#2 than he does to mom#1. He has a court order for mom#1, but not #2. From what I understand from the guidelines, it appears he should use 32% of his net income to calculate what he owes for each child. Since they are not all from the same mom, he thinks he owes 28% to mom#1, and an additional 20% to mom#2. This doesn't make sense to me. The 3rd child gets more support than each of the first 2. Can you clarify? Thank you.

Attorney Answers 2

Posted

Your boyfriend is correct, although his calculations may be wrong. There is not enough information to know. if there are no orders for support, this should be taken care of immediately, especially if one or both mothers are on public aid.

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5 comments

Asker

Posted

I believe he calculates #2's support as if it were his only child. I don't think he factors in the first 2 when he's figuring the 3rd. This is confusing, and I tried to stay out of it for as long as possible, but mom#2 is quite crafty. BTW, she had an affair plus child while she was with my BF. He didn't know until the kid was a year old. He stayed with her for another 2 years. After they split, he only pays for 1, and visits with both. It's very sad that people cannot be more responsible when it comes to bringing a new human being into this world. It makes me sick, but since he's my BF,and I care about him, I just wanted to make sure he's not being taken advantage of. So, another answer suggested that #2 gets $14.40 per every $100 of his net income. #1 receives $28 for every $100. Do you agree with this? Thank you for your time.

Judy A. Goldstein

Judy A. Goldstein

Posted

Attorney Cowell was using those figures as an example. I would not attempt to calculate child support without income information and this is something your boyfriend should be doing with his lawyer, not in this Q&A forum.

Asker

Posted

Thank you. I agree he needs a lawyer. I understand the IL guidelines now. My BF was figuring 20% of his total net income instead of 20% of the leftover income after he pays mom#1. Hopefully this mistake will convince him he needs to listen to a professional instead of mom#2.

Judy A. Goldstein

Judy A. Goldstein

Posted

Just to make sure you understand - the second mother to get a court order is the leftover, not necessarily for the youngest child, although that usually the case.

Asker

Posted

I understand now. Thank you.             

Posted

BF is right, you are wrong.

For every $100 he earns (net income) family 1 get $28..00 and family 2 gets $14.40. That leaves BF with only $57.60 out of every $100.

If you have a kid with this guy, and then you break up, you'll get only 20% of the leftovers. That works out to only $11.52 out of every $100. AND . . . there are laws about how muchmoney can be taken from a guy's paycheck -- even for child support -- and this amount would push the total garnishments up over the top -- so you'd receive even less than the $11.52.

Got that? You'll get less than half of what family 1 gets, and significantly less than family 2, and not enough to adequately rear a child.

If your hopes for this relationship include having kids, you might want to take a hard look at the finances, or consider looking for a new BF.

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3 comments

Asker

Posted

Thank you for the clarification. I do not wish to have children with anyone, and even if I did, it surely would not be with my BF. I do not see parenthood as a means to 'earn' a living.

Wes Cowell

Wes Cowell

Posted

It's not about earning a living -- it's about caring for the child.

Asker

Posted

I agree with you 100%.

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