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Which action do I need to do to refuse the revision of child support for overtime & bonus pay?

Elgin, IL |

My ex was trying to revise the percentage of his child support for overtime and bonus pay from 28% net income to 19.5% gross income. He claimed that he had to pay the taxes of the overtime after the state of disbursement gave me my portion from his overtime pay. I did deny the request in front of the judge right before we set the prove-up date. Now, his attorney is forcing to me to accept the request. She said she will vacate the prove-up date and bring this issue to the hearing. I am not sure why they want to revise the number. I have two kids age 8 and 5. I am entitled to 28% net of his income including overtime and bonus pay. Is there any way that I can fight back his lawyer in order to leave the number at 28% net?

Attorney Answers 5


  1. Based on your question, I am guessing you do not have an attorney. Hire one now.
    It is hard to say what their reasoning is behind the overtime issue, but an attorney will be able to sort it out for you.


  2. The law is 28% of the net. You should have a lawyer. It makes no sense not to since the other lawyer is trying to take advantage of the fact that you are not represented. This is a bunch of hogwash what the lawyer is telling you.

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  3. The 28% of his net is the statutory amount for two children. It is unclear why his attorney is attempting to deviate from that. You should consult an attorney to find out what the specifics are in your case.


  4. You should have a lawyer.


  5. I agree with everyone in that you should hire a lawyer to help you with this.

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