Child support is calculated from the net income of the payor spouse. Child support is designed to pay for food, clothing, entertainment, housing, transportation and all other usual and customary needs of the children. Uncovered medical expenses, child care, educational and extracurricular expenses are not covered by child support. It is usually continued until the child reaches 18 years or graduates from high school, which is later.
Maintenance is financial support to either spouse that may be paid from the income or property of the other spouse. On January 1, 2015, Senate Bill 3231 amended provisions of the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”) concerning maintenance. Once a court determines that maintenance is appropriate, the new maintenance provisions create a formula for calculating maintenance based on the gross income of the parties and the length of the marriage. If the Court decides not to apply the guideline formula, it must state why the guideline was not utilized and state how much should be paid if the guideline was applied.
The recipient of maintenance must pay taxes on the maintenance award and the party who pays maintenance may deduct the payments that are made. Child support, unallocated support and maintenance are always modifiable by a court upon petition of either party if a substantial change in circumstance of the parents or child is proven.
The attorneys at Cartwright Law have successfully litigated several cases and obtained favorable judgments for our clients— including collecting substantial child support arrears from international contemnors and obtaining judgments of $100 per day against an employer who fails to withhold income for payment of support.
For more information about child support and maintenance, contact Cartwright Law today.
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