Stay-at-home parents can expect to receive the majority of the parenting time and, therefore, also receive child support. As the spouse that earns less money, stay-at-home parents can also expect to receive maintenance (formerly known as alimony) from the other spouse. This combination of child support and maintenance can easily exceed 50% of the payor’s net income, leaving the payor destitute as they support another household at a great cost than their own household.
Illinois law has codified that it does not want Illinois divorce courts to be locked into forcing one parent to pay over 50% of net income after a divorce.
How Are Maintenance And Child Support Calculated Together In An Illinois Divorce
Illinois courts first calculate maintenance. “[I]f the court finds that a maintenance award is appropriate, the court shall order guideline maintenance” 750 ILCS 5/504(b-1)
“Guidelines maintenance” is the official mathematical formula which determines most divorced couples’ court ordered maintenance.
“Maintenance…shall be calculated by taking 33 1/3% of the payor’s net annual income minus 25% of the payee’s net annual income.” 750 ILCS 5/504(b-1)(1)(A)
This maintenance award is capped based on the total income of the parties relative to the maintenance receiver’s independent income.
“The amount calculated as maintenance, however, when added to the net income of the payee, shall not result in the payee receiving an amount that is in excess of 40% of the combined net income of the parties.” 750 ILCS 5/504(b-1)(1)(A)
An Illinois child support determination isn’t so mathematical. Illinois takes the total income from both parties and finds an appropriate child support amount against a chart published annually by the Illinois Department of Health and Family Services.
“The court shall compute the basic child support obligation by taking the following steps:(A) determine each parent’s monthly net income;(B) add the parents’ monthly net incomes together to determine the combined monthly net income of the parents;(C) select the corresponding appropriate amount from the schedule of basic child support obligations based on the parties’ combined monthly net income and number of children of the parties; and(D) calculate each parent’s percentage share of the basic child support obligation.” 750 ILCS 5/505(A)(1.5)
The last step, “calculate each parent’s percentage share of the basic child support obligation” requires clarification.
If the payor makes $ 100,000 and the payee makes $ 50,000 then the payor must pay 66% of the guidelines child support amount on the chart because they make 66% of the total income.
This is where maintenance factors into the child support calculation. The maintenance that the payor is paying will be counted as net income to the payee for the purposes of calculating child support.
“Net income” includes maintenance not includable in the gross taxable income of the payee for federal income tax purposes under a court order in the pending proceedings or any other proceedings and shall be included in the payee’s net income for purposes of calculating the parent’s child support obligation.
If after all of these calculations are made, it appears that there is a child support/maintenance obligation in excess of 50% of the payor’s net income. The payor can ask the court for a deviation from the guidelines maintenance and child support amounts.
The first step is to determine what 50% of the payor’s net income truly is.
What Is Net Income For The Purposes Of Determining Support In An Illinois Divorce?
“”[N]et income” means gross income minus either the standardized tax amount calculated pursuant to subparagraph (C) of this paragraph (3) or the individualized tax amount calculated pursuant to subparagraph (D) of this paragraph (3), and minus any adjustments pursuant to subparagraph (F) of this paragraph (3). The standardized tax amount shall be used unless the requirements for an individualized tax amount set forth in subparagraph (E) of this paragraph (3) are met.” 750 ILCS 5/505(3)(B)
Not surprisingly, net income means income after the taxes you should pay, not the taxes you do pay.
“As used in this Section, “standardized tax amount” 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 for the minor child or children of the parties, and Social Security and Medicare tax calculated at the Federal Insurance Contributions Act rate.” 750 ILCS 505(3)(C)
Just visit this table to determine what your net income is for the purposes of support.
“The Illinois Department of Healthcare and Family Services shall promulgate a standardized net income conversion table that computes net income by deducting the standardized tax amount from gross income.” 750 ILCS 5/505(3)(C)(ii)
Deviating from Illinois Guidelines Child Support and Maintenance Awards If The Payor Pays More Than 50% Of Their Net Income In Support
The guidelines support amounts are not absolute. “The court is not required to order maintenance in accordance with the statutory guidelines.” In re Marriage of Hamilton, 128 NE 3d 1237 – Ill: Appellate Court, 5th Dist. 2019
The Illinois Marriage and Dissolution of Marriage Act specifically contemplates a deviation from maintenance guidelines payments if the child support and maintenance payments exceed 50% of the payor’s net income.
“If the application of guideline maintenance results in a combined maintenance and child support obligation that exceeds 50% of the payor’s net income, the court may determine non-guideline maintenance in accordance with paragraph (2) of this subsection (b-1), non-guideline child support in accordance with paragraph (3.4) of subsection (a) of Section 505, or both.” 750 ILCS 5/504(b-1)
“Maintenance award not in accordance with guidelines. Any non-guidelines award of maintenance shall be made after the court’s consideration of all relevant factors set forth in subsection (a) of this Section.” 750 ILCS 5/504(b-1)(2)
Child support guidelines may be deviated from as well.
“Deviation factors. In any action to establish or modify child support, whether pursuant to a temporary or final administrative or court order, the child support guidelines shall be used as a rebuttable presumption for the establishment or modification of the amount of child support. The court may deviate from the child support guidelines if the application would be inequitable, unjust, or inappropriate. Any deviation from the guidelines shall be accompanied by written findings by the court specifying the reasons for the deviation and the presumed amount under the child support guidelines without a deviation.” 750 ILCS 5/505(a)(3.4)
If an Illinois divorce court does not follow the maintenance guidelines, that court must explain why it deviated from the guidelines.
“[I]f the court deviates from applicable guidelines under paragraph (1) of subsection (b-1), it shall state in its findings the amount of maintenance (if determinable) or duration that would have been required under the guidelines and the reasoning for any variance from the guidelines” 750 ILCS 505(b-2)(2)
In their explanation, the court can simply quote the law above to explain why the court does not believe payments that total over 50% of the payor’s net income are fair.
What If The Child Support Amounts Are Greater Than 50% Of The Child Support Payor’s Income Because They are Multiple Child Support Payments To Multiple Parents
Not surprisingly, a parent who is paying more than 50% of their income in child support is paying that child support to multiple women they had children with.
That parent can ask for a deviation but a statutory scheme already exists to reduce the child support amount to each mother based on other child support cases with other women.
“If a parent is also legally responsible for support of a child not shared with the other parent and not subject to the present proceeding, there shall be an adjustment to net income as follows:
(i) Multi-family adjustment with court order. The court shall deduct from the parent’s net income the amount of child support actually paid by the parent pursuant to a support order unless the court makes a finding that it would cause economic hardship to the child.” 750 ILCS 5/505(a)(3)(F)(I)(i)
Even if you don’t have an open child support case with a parent, you can still get a credit for taking care of your other kids.
“(ii) Multi-family adjustment without court order. Upon the request or application of a parent actually supporting a presumed, acknowledged, or adjudicated child living in or outside of that parent’s household, there shall be an adjustment to child support. The court shall deduct from the parent’s net income the amount of financial support actually paid by the parent for the child or 75% of the support the parent should pay under the child support guidelines (before this adjustment), whichever is less, unless the court makes a finding that it would cause economic hardship to the child. The adjustment shall be calculated using that parent’s income alone.” 750 ILCS 5/505(a)(3)(F)(I)(ii)
If you’re facing child support and maintenance payments in excess of 50% of your income, contact my Chicago, Illinois family law firm to schedule a free consultation with an experienced Illinois divorce attorney.
Russell Knight is a licensed Illinois family law attorney with more than 19 years experience in child support cases in Cook, Dupage, Kendall, Lake and Will counties.
Frequently Asked Questions About Child Support And Maintenance Payments In Excess of 50% Of The Payor’s Net Income
Does Illinois law cap child support and maintenance at 50% of the payor’s income? No. Illinois law allows the child support and maintenance payor to request a deviation from guidelines support based on the fact that the payor is paying more than 50% of their net income.
How does Illinois maintenance change my child support number? When calculating incomes for the purpose of calculating child support, the maintenance-payor deducts the maintenance paid from their income while the maintenance-receiver increases their income. This adjustment always reduces the final child support number?
What if my Illinois child support payments are in excess of 50% of my income? If your child support payments are over 50% of your income that is because you have multiple child support obligations to multiple women. You can deduct the existing child support payments from your income when calculating child support owed to other women.
