Determining Child Support With an Inconsistent Income

 Posted on February 27, 2019 in Child Support

Illinois calculates the percentage of child support that each parent owes based on their comparative net incomes. The parent who earns a greater income will pay a proportionate share of the child-related expenses. However, child support can be more complicated when one of the parents has an income that varies by month, due to:

• Working overtime;
• Receiving bonuses; or
• Working for a commission.

Extra pay is part of a parent’s net income but usually not included in the child support calculations. How do you ensure that your co-parent is paying a fair amount of child support when he or she cannot give a consistent monthly income? There are three methods of dealing with this:

1. Calculating the Average: You can add your co-parent’s income from a period of several months and determine his or her average income, which becomes the basis for the child support payments. This is the simplest method because you are establishing a consistent income amount. However, it can be the least accurate depending on how much your co-parent’s income fluctuates. You may need to revisit your child support payments if his or her monthly income greatly deviates from the past average.
2. Monthly Supplements: Your co-parent may have a base wage that he or she receives each month. You can use that amount as your co-parent’s base monthly income and supplement it each month with any additional pay that he or she receives. This method requires more work because your co-parent must submit his or her pay statements each month. Your child support contributions will reflect your respective incomes, but you are trusting that your co-parent is providing you with accurate information.
3. True-Up: You can use the third method in conjunction with either of the first two methods. With a true-up, your co-parent provides the pay statements and W-2 income form from the previous year to determine what he or she should have paid in child support for that period. If your co-parent underpaid you, he or she must reimburse the difference. If your co-parent overpaid you, he or she will receive a credit towards future child support payments. You and your co-parent must have a good level of communication and trust for this method to work.

Contact a DuPage County Divorce Attorney

Illinois determines your child support obligation based on the expected cost of raising your children. Allowing your co-parent to exclude income is taking resources away from your children. A Warrenville, Illinois, divorce lawyer at Calabrese Associates, P.C., can make sure that your co-parent is contributing an appropriate amount to your parenting expenses. Schedule a consultation by calling 630-393-3111. 

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050K505.htm