A divorce or separation can be one of the most stressful and difficult times for an individual and their family. One of the hardest things individuals have to deal with is the unknown (i.e. amount of child support, division of property and debt, and what is “in the best interest of the children.”
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Child Support
How is child support calculated? The IMDMA addresses this in 750 ILCS 5/505. Gross income is the starting point. Gross income includes wages, overtime, bonuses, commissions, and other forms of income. Deductions are allowed for income taxes, social security taxes, involuntary pension deductions, and prior order of support.
The statutory minimum guideline is:
1 Child – 20%
2 Children – 28%
3 Children – 32%
4 Children – 40%
5 Children – 45%
6 or more Children – 50%
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Unemployment and Child Support
What if my ex is not working? If the person paying child support is disabled, social security has benefits for the parent and the child(ren). If the person is unemployed, a portion of unemployment benefits is paid for children. If the person is unemployed but not receiving unemployment benefits, a judge can order a job search and require the parent to pay child support regardless of employment. A judge has discretion to order child support paid based on minimum wages or historical wages. So even if someone is not working, it does not mean child support will not be paid.
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Joint versus Sole Custody
What is Joint vs. Sole Custody? Illinois Statutes and case law presume that it is in the best interest of the children for both parents to be involved in the children’s lives absent a finding that the children are endangered. The IMDMA defines “Joint Custody” as the ability of the parents to “communicate and cooperate” in the best interest of the children (i.e. choosing a medical provider or school). Joint Custody has nothing to do with how much time each parent spends with the children or the amount of child support paid.
Sole Custody is where one party makes the decisions in raising the children. Interestingly enough, most courts require the Joint Custody language in Sole Custody Orders.
The important thing to remember is that this difficult time will end and life will go on. Consulting an experienced family law attorney can help protect your rights and create “certainty” in a very stressful and uncertain time
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Linder Law office
Kevin Linder established Linder Law Offices at the time his daughter was born in 1995. He is a single parent who is actively involved in his teenage daughter’s life. He has also been a big brother with Big Brother/Big Sister of Sangamon County. Linder Law Office employs three paralegals in the areas of family law and bankruptcy, a tax accountant, two Social Security case managers and a nurse consultant. Our office is located downtown in a historic building and our staff is friendly, courteous and concerned about our clients as individuals.
Kevin and his staff are actively involved in community organizations including Family Service Center, Habitat for Humanity, Greater Springfield Chamber of Commerce, Sangamon County Bar Association, American Business Club of Springfield, Animal Protective League, and Friends of Sangamon Auditorium.
Linder Law Office has successfully represented individuals in very difficult times of divorce, separation, and financial difficulties.
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