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Ex-Husband Delaying Modification of Child Support

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  • 05-01-2014, 06:24 PM
    No_Angel
    Ex-Husband Delaying Modification of Child Support
    My question involves child support in the State of: IL
    My ex-husband made over $155,000 last year. I made $64,000. He is arguing that his child support modification should not include a one-time $15,000 bonus as a basis for child support calculations. Last week, my attorney, the GAL and his attorney came to an agreed order. One aspect of this agreed order he strenuously argued against but the GAL would not be dissuaded. After his attorney failed to get the GAL's order thrown out, my ex-husband allegedly fired his attorney. He has since retained new counsel and put off the pre-trial conference for another 3 weeks.

    My questions: what is considered income in Illinois? He has taken 0 exemptions and an additional $40 taken out of his check for taxes. While I know this is legal, it seems excessive. I have read that the only allowable deductions are taxes and insurance for the kids, and everything else is considered income per the ILCS in order to maximize child support.

    Another question: if the $15,000 'bonus' is not considered in the base pay for modification purposes, but he has agreed to pay child support on it, how does this work? He has agreed to pay on the $15,000 but not necessarily in a lump sum payment.

    He is engaged to be married and has been living with his fiancé for almost a year. My attorney is arguing that we pose to the court that he should be paying a the "married" rate or head of household. I am unable to estimate the amount of child support he would be obligated to pay.

    Will he have to pay from the date of filing (October 10, 2013) until the hearing/conference finally takes place?

    I might add, this judge has ruled against me twice on two significant issues. I am concerned that there is bias there.

    We have 50/50 custody and our income is "equalized" and he pays 28% on the difference. I have no savings, an 11 year old car with 121,000+ miles on it, and we're barely making our mortgage. The girls need summer clothes, shoes, etc., coming up very soon.

    I am very frustrated that he has successful delayed the child support modification for this long and my children are not getting the benefit of it. We could really use the extra money for summer plans.

    Thank you in advance for your help.
  • 05-02-2014, 07:38 AM
    llworking
    Re: Ex-Husband Delaying Modification of Child Support
    Quote:

    Quoting No_Angel
    View Post
    My question involves child support in the State of: IL
    My ex-husband made over $155,000 last year. I made $64,000. He is arguing that his child support modification should not include a one-time $15,000 bonus as a basis for child support calculations. Last week, my attorney, the GAL and his attorney came to an agreed order. One aspect of this agreed order he strenuously argued against but the GAL would not be dissuaded. After his attorney failed to get the GAL's order thrown out, my ex-husband allegedly fired his attorney. He has since retained new counsel and put off the pre-trial conference for another 3 weeks.

    My questions: what is considered income in Illinois? He has taken 0 exemptions and an additional $40 taken out of his check for taxes. While I know this is legal, it seems excessive. I have read that the only allowable deductions are taxes and insurance for the kids, and everything else is considered income per the ILCS in order to maximize child support.

    Another question: if the $15,000 'bonus' is not considered in the base pay for modification purposes, but he has agreed to pay child support on it, how does this work? He has agreed to pay on the $15,000 but not necessarily in a lump sum payment.

    He is engaged to be married and has been living with his fiancé for almost a year. My attorney is arguing that we pose to the court that he should be paying a the "married" rate or head of household. I am unable to estimate the amount of child support he would be obligated to pay.

    Will he have to pay from the date of filing (October 10, 2013) until the hearing/conference finally takes place?

    I might add, this judge has ruled against me twice on two significant issues. I am concerned that there is bias there.

    We have 50/50 custody and our income is "equalized" and he pays 28% on the difference. I have no savings, an 11 year old car with 121,000+ miles on it, and we're barely making our mortgage. The girls need summer clothes, shoes, etc., coming up very soon.

    I am very frustrated that he has successful delayed the child support modification for this long and my children are not getting the benefit of it. We could really use the extra money for summer plans.

    Thank you in advance for your help.

    If you are making 64k plus receiving child support then maybe you need to be considering downsizing a bit if you are struggling.

    If he is making 155k then claiming zero exemptions plus taking out an addition 40.00 a paycheck towards taxes is probably necessary for him to ensure that he will not owe taxes when he files his return. As a single man in that income bracket his taxes are high.
  • 05-02-2014, 10:06 AM
    CourtClerk
    Re: Ex-Husband Delaying Modification of Child Support
    I'd think that zero exemptions and an additional 40.00/check towards taxes wouldn't be enough! Those look like my husband's exemptions prior to marriage and he was about 100k.
  • 05-02-2014, 04:18 PM
    No_Angel
    Re: Ex-Husband Delaying Modification of Child Support
    Quote:

    Quoting llworking
    View Post
    If you are making 64k plus receiving child support then maybe you need to be considering downsizing a bit if you are struggling.

    If he is making 155k then claiming zero exemptions plus taking out an addition 40.00 a paycheck towards taxes is probably necessary for him to ensure that he will not owe taxes when he files his return. As a single man in that income bracket his taxes are high.

    He files as head of household. And because the kids go to school based on my address in the school district my ex demanded they go to school in, downsizing isn't really an option. My question involves the computation of child support and a question about a $15,000 bonus he received last year.
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