Percentages

The current statutory percentages for setting what the statute calls “minimum” support, but in practice is frequently “standard” support, are set forth in IMDMA §505(a)(1):

Number of Children Percent of Supporting Party’s
Net Income

1 20%
2 28%
3 32%
4 40%
5 45%
6 or more 50%

These percentages are – theoretically, at least – mathematically applied to the net income of the parent required to pay support to yield a support figure, which is entered into a support order and also into a notice of withholding to be served on the supporting parent’s employer for automatic wage deductions unless other arrangements are made. (The support order and the attendant procedures are discussed more fully below at §§4.37 – 4.39.)

Because the definition and ascertainment of “net income” are less precise exercises than might be supposed, especially in cases involving self-employed parents, parents on commissions or bonuses, and other non-regular or non-reporting wage earners, this mathematical application is not nearly the perfunctory task that it was intended to be.

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