Illinois courts calculate child support payments using a state-mandated formula that takes into account a number of factors, but focuses on the supporting parent’s income and expenses. In some circumstances, such as a heavily contested divorce, the parties may present conflicting evidence regarding their respective income. If the court has reason to believe the supporting parent has provided false, misleading, or inaccurate information about his or her finances—or if the parent is intentionally unemployed or underemployed—a judge may “impute” additional income to the parent for purposes of calculating child support.

Bank Records Show Husband Has More Income Than Claimed

Here is an example of how and when a court imputes income. In a recent Illinois divorce case, a wife filed a petition for temporary child support. The couple had three minor children who lived with the wife. In response, the husband filed a financial disclosure statement that stated he had a net income of negative $5,000 per month, meaning that he was investing substantial resources in running his business. While the wife claimed that the family's living expenses were more than $9,000 per month, the judge found neither party especially credible and ordered $6,000 per month in temporary support.

Illinois courts weigh a number of factors when allocating parental responsibilities—previously known as child custody—in divorce cases. The ultimate goal is promoting the best interests of the child. These factors include each parent's relative mental and physical health. For example, a judge may take into consideration a parent's alcohol or drug abuse when deciding who the child should live with.

If you have reason to suspect your ex-spouse or co-parent is unable to properly care for your child due to substance abuse, it is important to bring your concerns to the court's attention. You should not, however, make unfounded accusations without proof, nor should you assume that your personal experienced is a substitute for medical evidence.

Court Dismisses Father's Secondhand Allegations Against Mother

Illinois courts currently determine child support payments based on the non-custodial parent's net income. A person's “net income” means all income less statutorily specified deductions. A common deduction is for state and federal income taxes, which are generally withheld by the employer and paid directly to the government.

Of course, many of us end up receiving a tax refund each year because our employer withholds more than the final tax due. Is this refund therefore considered part of a person's net income for purposes of child support? The short answer is yes, but the long answer is more complicated depending on the specific circumstances.

Court Finds Refund Not an Attempt to “Game” System

Determining child support during divorce proceedings in Illinois is typically fairly straightforward, since the state has established a formula for child support guidelines. However, for very high-income parents, this formula sometimes turns out not to be the best tool for determining appropriate support.

High-asset and high-income divorces can be much more complex than divorces for more standard-income families, and this goes for determining child support, as well as other matters, like asset-division and spousal support.

If you are a high-income family member going through divorce proceedings, you will want to work with an experienced family law attorney in the DuPage County area who is familiar with when the support guidelines under Illinois law may not be right for high-income families, and how more appropriate child support can be determined.

If your child is one of the 11 million kids who attend day care in the U.S., you are likely aware just how costly child care expenses can get. In fact, child care expenses can frequently be a family's largest expense, costing more than rent or a mortgage, utilities, and gas or transportation, and even a year of college tuition at most public colleges, according to Child Care Aware of America, a national nonprofit that promotes affordable and accessible childcare in the U.S.

When parents go through a divorce, the question of who will be footing the bill for day care can be a major concern, especially when a divorce means parents may need to rely on childcare even more than before the marital dissolution. Setting up to separate households can be expensive, and parents may even need to work more hours than they did prior to the divorce.

Your divorce attorney in DuPage County can go over your child care expenses with you and ask the court to make sure the day care costs are specifically addressed by your divorce decree or child support agreement.