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In Illinois, what is the maximum legal amount that can be…

In Illinois, what is the...
In Illinois, what is the maximum legal amount that can be charged for child support as a percentage of the non-custodial parent's income, and what is the legal citation (statute name and number) for that law? I believe it is roughly 67% but I am looking for the correct percentage or number. And when the child support authorities charge more than this legal maximum and interest on any amounts they do not receive in excess of the statutory maximum, what remedies do the non-custodial parents have to correct or eliminate those excessive charges?
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Answered in 1 day by:
3/8/2018
N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 156
Experience: Attorney
Verified

There isn't a maximum amount that can be charged. Basically the calculation is based on the parents combined income. Then the non-custodial parent pays a percentage of that total support calculation based on his/her ratio to the overall combined household income.

For example, if there are two children, and if based on the combined income of the parents, $50,000 annually is spent on the two children, , and if the father has 40% of the combined income and the mother 60%, and if the father is to pay child support, as the noncustodial parent he would pay 40% of the $50,000 or $20,000 annually. So it's based on their income. The higher their income the more he will pay (also considering his ratio of income to the combined household income).

If a parent is unemployed or underemployed voluntarily, there is a rebuttable presumption that the income is “75% of the most recent United States Department of Health and Human Services Federal Poverty Guidelines for a family of one person.” There is also “a rebuttable presumption that a minimum child support obligation of $40.00 per month per child, will be entered…”.

You can reference this link for the statute governing child support calculations. http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

The child support order would have to be based on the guidelines calculation which changed last year. IL went for a set percentages, to a guidelines calculation based on shared income. You may be referring to the previous way support was calculated. But if there is an error in the calculation the moving party can file a motion to modify the support order. Best practices would be to provide proof of income for both parties and provide a copy of the guidelines.

Please let me know if there is anything else you want to discuss. I would be happy to continue this conversation. If so just reply to this response. If you are satisfied with this response, please Accept the answer and provide a rating. Doing so is the only way experts are compensated for the time reviewing and responding to questions as we are not employees of the site. You may also get a request for a telephone call, but that is from the site and not the experts. I hope your legal issue is works to your satisfaction.

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Customer reply replied 4 months ago
The original order for support was in 1999 when guidelines in Illinois were different at that time, and I believe were calculated for the non-custodial parent on the basis of a percentage of income. That income, however, was only a projected amount and was never achieved so the amount charged as per original order was more than what the non-custodial made for several years, then over 75% of what the non-custodial ever made in the 18 years since. Then the state passed a law to start charging interest at 9% per annum after the original order was passed, even charging interest retroactively, resulting in large amounts of interest due with compounding thereafter. The total principal from the original order has been paid off and all 3 children are long past the Age of Majority (age 18), even 10 years beyond it. The state has never inquired as to the income of the non-custodial and even charges now more than the non-custodial makes. How to appeal these arrearages the state claims are due when the custodial parent has no incentive under the new Shared Income rules in Illinois to share her tax returns for a recalculation of child support amounts due? Furthermore, the custodial parent has verbally stated to the non-custodial parent that she does not wish to collect on past-due interest. Could that be put into writing in some legal form and be used to dismiss the entire interest bill the state claims is due?

Whether or not the parent receiving the support is willing to excuse the arrearage is irrelevant. They don't have the authority to waive it. The paying parent can file a motion for modification and perhaps if the other parent indicates that they are not seeking the arrearage, however generally the support and any arrearages can't be canceled or waived as the state considers the money for the support of the child (and but for this payment the state may be responsible for supporting the child). The paying parent can seek a alternate payment schedule for repaying the arrearage and there the non paying parent's opinion on changing the repayment schedule can be considered.

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Customer reply replied 4 months ago
Does the state hold that it never makes a mistake in calculating what a non-custodial parent should pay in child support, even when that amount exceeds the non-custodial parent's income? That is, once the state claims a child support amount is due even with no proof that such is within the non-custodial parent's ability to pay in full, then that amount is never lowered or adjusted retroactively to the date the state began charging more than 65% of the non-custodial parents income? There is an appeal process for Child Support in Illinois. If you are familiar with that process, do you have any sense of the likelihood that the state would do the correct thing and adjust their arrearages to no more than 65% of the custodial parent's historic income? Or does the State believe it can do no wrong and passes laws to make non-custodials pay whatever the state commands, regardless of the non-custodial's income?

The state does not hold that they never make mistakes, but if a mistake was made or a change needs to be made due to a change in circumstances then the burden is on the parent who believes a mistake was made to demonstrate that there was a mistake. As well as arguing retroactivity of any changes that go into effect.

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Customer reply replied 4 months ago
I am glad to know the state can recognize mistakes in their calculations. But if the state is brought to recognize their mistaken calculations, will they make retroactive adjustments to amounts they previously charged, or do they believe that once they charge a non-custodial parent for any amount they claim is due, it can never be adjusted or reversed and was all the non-custodial parent's fault for letting them charge that amount, despite the parent being thousands of miles away and unable to meet them in person or in court to redress those charges?

If it just a question of retroactively adjusting the amount owed, yes they can do that. But if the funds were collected, and distributed to the other parent then the issue would be either crediting for future payments, and or requiring the other parent to reimburse the non custodial parent.

N.Brown ESQ
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Category: Family Law
Satisfied Customers: 156
Experience: Attorney
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