Chicago Child Support LawyerRepresenting Mothers & Fathers with Child Support Matters |
D.M. Siegel, Attorney 19 S. LaSalle Street Suite 707 Chicago, IL 60603 773-276-6969 |
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How is Support Calculated if There Are Multiple Support Orders?When faced with multiple support orders or where support is being paid to multiple custodians, the “number of children” factor is not cumulative but separate for each family. The first order is deducted and the net income is then adjusted by that amount before the calculation is made to determine the second support figure, and so on, and so on from there. See 750 ILCS 5/505(a)(3). See also Carnes v. Dressen 215 Ill.App.3d 166, 574 N.E.2d 845, 158 Ill.Dec. 732 (4th Dist. 1991), in which a father of two children by different mothers, who was already paying 20 percent of his net income as child support for the first child pursuant to court order, argued in the case setting support for the second child that his total support for both children should be 25 percent (the guideline percentage for two children). By his argument he would pay the amount designated by the initial support order for the first child and only the difference (5 percent) or the second child. The court disagreed, stating that the amount to be paid for the second child was to be determined by subtracting from the father’s gross pay the statutorily designated deduction plus the first support order amount, and then taking 20 percent from this net amount. Cf. In re Marriage of Flemming, 143 Ill.App.3d 592, 493 N.E.2d 666, 97 IllDec. 859 (3rd Dist. 1986) (Upholding order requiring father in dual custody arrangement to pay mother who had custody of other child, only 12.5 percent of his net income). Carnes, supra, 574 N.E.2d at 848, suggested that the statue be amended to allow the children of multiple families of a single obligor to be “pooled” for the purposes of applying the guidelines in an even-handed way for all the children. See Also:What if the Guidelines for child support are not adequate or appropriate? |
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D.M. Siegel, Attorney 19 S. Lasalle Street Suite 707 Chicago, IL 60603 773-276-6969 |
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