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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17522
Experience:  B.A.; M.B.A.; J.D.
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There is an issue with the child support amount the States

Customer Question

There is an issue with the child support amount the States attorney came up with.
We are under the assumption that it's 20% of Net Income.
the States attorney is taking YTD Net Income and then calculating by an average for the year, instead of using the W2.
I've done all the calculations and I keep coming up with an amount of 114 a week and however the States attorney is doing it by an average is 139 a week.
There is not a set $ amt, weekly Net Income is different every week.
Should we consult a lawyer or can they calculate it on an average?
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
There is an issue with the child support amount the States attorney came up with.
We are under the assumption that it's 20% of Net Income.
the States attorney is taking YTD Net Income and then calculating by an average for the year, instead of using the W2.
I've done all the calculations and I keep coming up with an amount of 114 a week and however the States attorney is doing it by an average is 139 a week.
There is not a set $ amt, weekly Net Income is different every week.
Should we consult a lawyer or can they calculate it on an average?

Response: You should consult an Attorney. Child support is determined using net income and NOT average net income:
http://www.childsupportillinois.com/general/calculating.html
http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm

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