Maintaining Accurate Financial Records for Child Support Cases

 Posted on August 15, 2024 in Family Law

Division of assets, spousal support, allocation of parental responsibility, and determination of child support are all potential areas of contention in a divorce. Despite the fact that child support is determined based on a specific formula, the parent paying child support often feels like the amount is unfair, while the parent receiving child support may feel as though it is insufficient for the actual needs of the child. When a divorce is reaching the child support determination phase, both parents will need to provide accurate financial records so a proper amount can be determined.

Although this sounds fairly straightforward, some parents may try to manipulate their financial records so they will not be required to pay as much. Some people have even been known to quit a good job so their income will be lower, resulting in lower child support payments. Whether you are in the process of determining child support or you are considering returning to court to attempt to have the amount of child support changed, having an experienced Wheaton, IL, child support attorney by your side can make the process simpler while achieving the best possible outcome.

How Is Child Support Calculated in Illinois?

Illinois courts prioritize the child's financial well-being and stability by using an "income shares" model. Factors involved in determining child support include: 

• The gross income of each parent, including income from all sources. These sources may include regular pay, overtime pay, holiday pay, pay from a second job, and spousal support from a current or former spouse. 

• The number of children to be supported is factored in; the more children, the higher percentage of combined parental income will be allocated for child support.
• Education and healthcare expenses.
• Any special needs of the child.
• The amount of overnights each parent spends with the child.

What Are Special Circumstances in Child Support Guidelines?

A judge can deviate from the guidelines and choose to order more or less child support as circumstances warrant. A deviation like this must be explained in writing by the judge. The issue of split care can also affect child support, for example, if the oldest child lives with the father and the three younger ones live with the mother.

Illinois has income thresholds as well; if the parent paying child support is at or below 75 percent of the federal poverty guidelines, the court will order $40 per month of child support for each child, capped at $120, regardless of the number of children. 

Why Does Child Support Require Accurate Financial Records?

The amount of child support awarded is 100 percent dependent on the accuracy of the parents’ respective financial situation. If a parent consistently makes overtime pay, yet it is not included in the total gross income, child support will be lower than it should be. This is not an area where parents want to play games, regardless of how contentious the rest of the divorce has been. Judges look at attempts to hide income very dimly. The situation can get more complex when one parent is self-employed or is paid "under the table." It is essential that both parents keep accurate financial records for the child support calculations to work.

Contact a DuPage County, IL Child Support Lawyer

Despite the use of a formula, child support issues can be contentious. As with most issues covered by family law, having an experienced Wheaton, IL child support attorney can make the process significantly less stressful and likely result in a better outcome. No two child support cases are the same, but an experienced child support lawyer from Mirabella, Kincaid, Frederick & Mirabella, LLC (MKFM Law) can provide you with the legal advice you need to address child support issues effectively. We represent your interests while ensuring your child’s best interests are also covered. Contact MKFM Law at 630-665-7300 to schedule an initial attorney meeting. We serve family law clients at our offices in Kane County and DuPage County.