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Calculating Child Support in Illinois

Calculating Child Support in Illinois

James M. Kelly, a Palatine divorce attorney, discusses Calculating Child Support in Illinois Under the Amended Statue 750 ILC 5/505(a)(3)(B) and (C)

The Law Offices of James M. Kelly, P.C., a Palatine divorce attorney, is dedicated to helping clients through the most difficult time they may face in their lifetime.  Accordingly, James Kelly, a Palatine family law attorney, seeks to answer many of the questions potential clients may have about their situation.  This series of blog posts is dedicated to understanding the complex nature of the current Illinois Child Support Statute.

Section 750 ILCS 5/505 (a)(3)(C) is used to determine the taxable amount of income that a potential payor of child support may have. Clients in Palatine, and all over Cook County for that matter, have realized that calculating child support in Illinois is not just as simple as applying a percentage to the payor’s net income.

This statute section is designed to aid in determing the “standardized tax amount.”  In short, this means the total of federal and state income taxes for a single person claiming the standard tax deduction, one personal exemption and the applicable number of dependency exemptions of the minor child of the parties and Social Security and Medicare tax.

It is also worth noting the party with the majority of the parenting time will be entitled to claim the exemption per 735 ILCS 505(a)(c)1.  However, the court can allow the parent who does not have the majority of the parenting time to claim the deduction for the minor child.  The parties can also agree as to who will receive and claim the deduction for the minor child.

Although Section 505, Child Support Statute, is fairly complex, an experienced family law attorney can help you navigate through the difficulties inherent in this sort of legislation. The Law Offices of James M. Kelly, a Palatine divorce attorney, has successfully handled many divorce cases and will assist you in calculating the correct child support amounts.


About the author:

James M. Kelly, Palatine Family Law Attorney is engaged in representing clients in contested and uncontested dissolution of marriage proceedings and bankruptcy proceedings, both Chapter 7 and Chapter 13.  James Kelly, a divorce attorney in Palatine, 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.

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