CALCULATING CHILD SUPPORT GROSS INCOME UNDER THE AMENDED STATUE
The purpose of this blog is to inform the reader as to the procedure and law applicable
when calculating child support gross income as recently amended and effective on July 1, 2017.
The Application 750 ILCS 5/505 (a)(3)(A), Gross Income
a. One of the first questions I receive from clients when determining
child support obligations is what is included in gross income. The
most common questions I receive from a client is “Is my bonus
included in child support calculation?” Or, “Is my overtime included
when determining child support?” The easy answer is yes, gross
income includes bonus income, overtime income and all other income
from “all sources” There are, however, certain forms of income that
are not to be included as gross income. Gross income also includes
spousal maintenance received pursuant to a court order in the pending
proceeding (meaning by your spouse in the current case) or any other
proceedings.
b. The statute specifically excludes benefits received by the parent from
means-tested public assistance programs such as Temporary Assistance
to Needy Families, Supplemental Security Income and the
Supplemental Nutritional Assistance Program. Gross income also
excludes benefits and income received by the parent for other children
in the household such as child support (received for a child not of this
marriage), survivor benefits, and foster care payments, Social Security
Disability and retirement benefits paid for the benefit of the subject
child.
c. Thus, when calculating child support gross income, “Gross Income” really does include all income except for most
government subsidized income.
About the author:
James M. Kelly is engaged in representing clients in contested and uncontested
dissolution of marriage proceedings and bankruptcy proceedings, both Chapter 7 and
Chapter 13. James Kelly, has been practicing in the northwest suburbs of Cook County
and to a very relevant extent McHenry County, Lake County and DuPage County. James
Kelly has been admitted to the practice of law in the State of Illinois since 1994.
