Child support is calculated against "net income". That is, you take the 32% (for 3 kids) and apply it against the net income of the obligor
. Net income is supposed to mean "all income from all sources" minus the deductions permitted by Illinois child support law. Net income is a flexible concept, though, depending on your judge and the facts of your case. For example, sometimes gifts count as income and sometimes they don't. Loans, too, can sometimes count as income – in other cases they may be excused and not counted. Tax refunds attributable to maintenance payments made to the former spouse are considered income. Deferred compensation contributions, income from investments and bonuses from a closely held corporation, income from stocks and bonds, and the “capital account” at the obligor’s professional firm all have been considered income for purposes of child support. In some circumstances, even the property awarded by the divorce
court in the divorce may be considered for child support purposes. Income may be reduced by depreciation expenses in some cases and not excused in other cases.
In short, it's going to be based upon your actual income. It's not based upon your hours, because you get more income when you work overtime than if you were to work 40 hours. The order that sets the child support rate at 32% (rather than a fixed amount every week) gives credence to this, and is what it is by law. Unfortunately, there's no exception that you get to keep the amount you receive over 40 hours. Again, the percentage is applied against your income, not based upon the amount of hours worked. So regardless if you have an increase in your income due to a raise or due to working more hours, it's an increase in your income, and the percentage is applied against that.
So in short, yes, you're going to have to pay 32% of this amount over 40 hours as well.
As to her "benefiting" after the marriage, it's possible that she might benefit from that money and not the children, but without clear evidence to that, the presumption is that child support goes to the children, whereas alimony
(if applicable) would go to the ex. Alimony would
be set, and would not be adjustable upwards due to an increase in income, but child support is based upon income at the time earned, regardless of whether there was a marriage or not. The legal presumption is that both parents have a legal obligation to support the children, and the state sets it based upon a specific percentage. Other states have a more equitable system (where it considers both parents' income and the amount of time that is spent with the kids), but Illinois considers only the non-custodial parent
's income, and imposes a straight line percentage against that.
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