The Illinois Supreme Court ruled in the divorce case of In re Marriage of McGrath that funds regularly withdrawn by a non-custodial parent from a savings account are not to be considered “income” for purposes of calculating child support. In reaching its determination, the Illinois Supreme Court reasoned that the trial court’s decision failed at this initial step in calculating child support, as its starting point included the $8,500 monthly withdrawals from savings, which did not constitute “income” under the statute. © 2014 by The Law Office of Martha J. Olson & Associates . CORDELL & CORDELL, ST. LOUIS, MO. Built to be the best. Sorting out child support is one of the biggest challenges parents face when navigating the divorce process. As a divorce lawyer, I know that people interested in an uncontested divorce in Illinois what an easy way to estimate child support payments. Child Support: Age of Emancipation In Your State, 4 Problems With The Modern Child-Support System. Office in Ridgeland, MS. The exact child support payment can and will be determined only by the State Court. It’s made ONLY for informational purposes and can’t be used as the legal exact amount of payment. Disclaimer - Site Map Under the ruling, the court reiterates the significance of ensuring that trial courts specify their reasons when ordering a child support amount other than the amount figured according to the statutory guidelines. FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST. THIS IS AN ATTORNEY ADVERTISEMENT. Maintenance calculations are always current Automatically calculates child support maintenance, fully updated for the changes relating to the fact that maintenance is nontaxable starting in 2019. While the court is required to first calculate child support using the guidelines specifically set forth in the statute in every case, the court is permitted to determine that the child support amount reached after applying the statutory guidelines is inappropriate and deviate from that amount. Given that the father was still unemployed at that time, he was withdrawing approximately $8,500 per month from his pre-existing savings account to cover his monthly expenses. How Much Should You By Paying? Joseph Cordell, licensed in MO and IL only. The Illinois Supreme Court reasoned that the funds withdrawn by the father each month from his savings account consisted of funds already belonging to the father specifically stating, “the account owner is not ‘receiving’ the money because it already belongs to him.”. Lisa Karges, Florida Resident Partner - Tampa, FL. Most government child support calculators do not calculate or collect back interest on the unpaid child support that is owed to custodial parents. While the Supreme Court found in the McGrath case that the savings account withdrawals could not be included in figuring the father’s net monthly income under the statutory guidelines, the trial court could still take into consideration father’s assets (including his savings account) in deciding whether the new child support amount under the statutory guidelines was appropriate, and potentially deviate from that amount if it provided reasons for it being inappropriate. Jerrad Ahrens licensed in NE and IA only. The choice of a lawyer is an important decision and should not be based solely upon advertisements. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Disclaimer: This child support calculator is for informational purposes only. In this case, the trial court reserved the issue of child support at the time of the parties’ divorce in 2007 due to the father being unemployed. Michelle Ferreri licensed in PA and NJ only - Philadelphia, PA. Dorothy Walsh Ripka licensed in OH, IL, MO, KY and TX only. Illinois law defines “net income” for child support purposes as “the total of all income from all sources” minus specific deductions prescribed by the statute. The trial court ordered that the father pay $2,000 per month for child support primarily based on the $8,500 he was withdrawing from his savings. The Illinois Supreme Court ruled in the divorce case of In re Marriage of McGrath that funds regularly withdrawn by a non-custodial parent from a savings account are not to be considered “income” for purposes of calculating child support. Disclaimer: This Illinois child support calculator is made using the most recent IL Child Support Guidelines. The Court will decide itself how much of child support you’ll have to pay or receive. The trial court explained that because the father was “receiving” these funds on a regular basis and using these assets to cover his living expenses, that it should be used in the Illinois child support calculation. In 2010, the mother petitioned the court to address the issue of child support for the parties’ two children. CORDELL & CORDELL, ST. LOUIS, MO. Our law firm serves clients in the following areas: The San Jose, California, law firm of Martha J. Olson & Associates represents clients throughout Santa Clara County and Silicon Valley, including the communities of Campbell, Santa Clara, Gilroy, Morgan Hill, Cupertino, Los Gatos, Milpitas, Mountain View, Sunnyvale, Saratoga, Los Altos, Monte Sereno, and their surrounding areas. The Rhythm of Your Life – Music and Divorce. A new window will open with the child support calculator. Net Monthly Income (After Taxes and all Mandatory payments)*. In addition, it is important to keep this new child support ruling in mind when using any Illinois child support calculator. Giana Messore licensed in AR only – Little Rock, AR. Lisa Karges, Florida Resident Partner - Tampa, FL. Disclaimer: This Illinois child support calculator is made using the most recent IL Child Support Guidelines. , licensed in MO and IL only. Office in Ridgeland, MS. Illinois Divorce: Forced To Pay For Your Child’s College, View a full listing of offices nationwide. Divorced dads who are involved in or contemplating addressing child support issues with the court should consult with their Illinois divorce attorney. To calculate the amount of child support in Illinois, the court considers both parents’ income. Here is an Illinois child support calculator.. In light of this decision, divorced dads who are involved in or contemplating addressing child support issues with the court should consult with their Illinois divorce lawyer as to the implications of any withdrawals or receipt of funds from a pre-existing account and/or regular use or withdrawals of pre-existing funds when a parent is unemployed. If you continue to use this site we will assume that you are happy with it. You can use it only as an estimation tool. Download Illinois Child Support Calculator - Calculate Illinois child support easily, instantly, and accurately with the Illinois Child Support Calculator. FirmSite® by FindLaw, a Thomson Reuters business. Michelle Ferreri licensed in PA and NJ only - Philadelphia, PA. Dorothy Walsh Ripka licensed in OH, IL, MO, KY and TX only. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. It’s made ONLY for informational purposes and can’t be used as the legal exact amount of payment. Attorney services are provided by licensed attorneys in every state where Cordell & Cordell offices are located. The Court will decide itself how much of child support you’ll have to pay or receive. Jerrad Ahrens licensed in NE and IA only. THIS IS AN ATTORNEY ADVERTISEMENT. Then, a chart is used to find the net income and the basic support obligation. Disclaimer: This child support calculator is for informational purposes only. The results provided by the Illinois child support calculator are estimates which are constructed … Family Law Software is used by most judges throughout the state of Illinois to calculate child support. Our calculator try to take into consideration as many factors as possible, and is made based on the most recent Guidelines, but … The Supreme Court brought logic to bear, noting that since the father was spending money he already owned, such money was not “income” under a common sense, dictionary definition approach to the statute. Share data with the Family Law Software application on your home or office computer. Child support enforcement is a joint effort of the Federal and State government to help families establish paternity when needed, and obtain and enforce child support orders.