Is there a cut-off percentage for both child support and alimony in Illinois?
Is there a cut-off percentage for both child support and alimony in Illinois?
paul
responded
6 years ago
Hi @Jennygmedina
In Illinois, in the year 2018, there is no cut-off percentage (no maximum percentage of the payor's income) for payment of child support and alimony combined. Currently, you must first calculate alimony, reduce the payor's gross income by the alimony amount, and then calculate child support based on the payor's reduced income. So, even though there is no cut-off percentage in Illinois, the child support amount will be reduced because of the alimony payments.
In Illinois, in the year 2018, there is no cut-off percentage (no maximum percentage of the payor's income) for payment of child support and alimony combined. Currently, you must first calculate alimony, reduce the payor's gross income by the alimony amount, and then calculate child support based on the payor's reduced income. So, even though there is no cut-off percentage in Illinois, the child support amount will be reduced because of the alimony payments.
paul
responded
6 years ago
In Illinois, starting in the year 2019, the alimony law was updated to address the situation where the payor of both alimony and child support ends up paying more than 50% of the payor's net income. The 2019 law provides as follows:
"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 . . . ." 750 ILCS 5/504.
While this is still not a "cut-off" percentage that fixes a hard cap on the combined payment of alimony and child support, it does give a court flexibility and discretion when ordering a person to pay both alimony and child support in excess of 50% of their net income. How the Illinois courts will use this new law remains to be seen.
"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 . . . ." 750 ILCS 5/504.
While this is still not a "cut-off" percentage that fixes a hard cap on the combined payment of alimony and child support, it does give a court flexibility and discretion when ordering a person to pay both alimony and child support in excess of 50% of their net income. How the Illinois courts will use this new law remains to be seen.
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