Multiple support orders

If there are multiple support orders in effect at the same time (with support being paid different custodians), the “number of children” factor is not cumulative but separate for each family, and the adjustment is made through the amount of net income to which the pertinent percentage is applied. 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 award for the first child and only the remainder – i.e., 5 percent – for 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 deductions, including the amount paid for the support of the first child, and then taking 20 percent of that net amount. Cf. In re Marriage of Flemming, 143 Ill.App.3d 592, 493 N.E.2d 666, 97 Ill.Dec. 859 (3d 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 statute should be amended to allow the children of multiple families of a single obligor to be “pooled” for purposes of applying the guidelines in an even-handed way for all the children.

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