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Pay Deduction

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tofer11

Junior Member
What is the name of your state? Idaho Divorce In Illinois
I am paying $409.50/month child support and another $100 for back support. I make only $1220net/month.
The questions I have, it seems out of line to deduct that much on low income and If I was going to lower, do I contact Idaho or Illinois.

Thanks for the advise
 


Silverplum

Senior Member
What is the name of your state? Idaho Divorce In Illinois
I am paying $409.50/month child support and another $100 for back support. I make only $1220net/month.
The questions I have, it seems out of line to deduct that much on low income
It may "seem" too much to you, but it is not over the mandated max percentage.
tofer11 said:
and If I was going to lower, do I contact Idaho or Illinois.
Idaho, if they're the one that issued and collects on your CS order.
tofer11 said:
Thanks for the advise
You're welcome. :)
 

tofer11

Junior Member
But one child is only 20% so would that be $1220*20%=$244/month plus whatever for back..I have no problem of paying but its definetly forcing me to other options especially for my current child and other expenses they take out. Now that $1220/month is net not too mentioned uncle sam and health insurance for the family. Person is unable to live on the rest.
Thanks for listening
 

Golfball

Member
Is the state that issued the child support order 20% of gross, or 20% of net? If it's 20% of gross, the $400/mo may be (close to) correct, if your insurance runs you about $400/mo for the family policy.
 

tofer11

Junior Member
pay deduction

this is all gross income...there are still taxes taken out, health care, other misc. which leaves about $400+ take home...Child support is open in idaho
 

Gracie3787

Senior Member
this is all gross income...there are still taxes taken out, health care, other misc. which leaves about $400+ take home...Child support is open in idaho
In your first post you said that your NET is $1,220 per month.

What is your net after deductions for only taxes?
 

tofer11

Junior Member
I'm sorry its all net $1220/month, after taxes and other deduction I may only have around $400 for the month. There is also long story behind it. I'm just really stressed out and I don't know where to turn or do...My family is getting to the point where things are not going well...Don't get me wrong I am not trying to duck..I have obligations but please be reasonable. over $500/month is per child that in divorce states I will never see is too much too handle. I guess I just need to vent.
 

Golfball

Member
I'm sorry its all net $1220/month, after taxes and other deduction I may only have around $400 for the month.
You're still not making sense. What is your monthly pay before *anything* is taken out? (this is your gross pay)

How much are your taxes, and only your taxes? (Fed. Income, State Income, FICA, Medicare)

Whatever is left is your net pay.

What is your gross and net pay?
 

fedupinIL

Member
I'm not sure about Idaho but in Illinois it doesn't matter if you get a second job to supplement the child support because you have to pay 20% for one child, 28% for two, etc. from your total net income from all sources. States have guidelines that they go by but the court can deviate from those guidelines based on the needs of the child, needs of the custodial parent and/or the needs of the non-custodial parent. You can file for a modification.
 

fedupinIL

Member
Also, if your case is in Illinois, you have to prove a "substantial change" in income, etc. Even then you aren't guaranteed to have your modification approved. My husband was unemployed and filed a TEMPORARY modification based on unemployment income and was still denied.
 

CJane

Senior Member
this is all gross income...there are still taxes taken out, health care, other misc. which leaves about $400+ take home...Child support is open in idaho
And if the original order is from Illinois and the custodial parent still lives in IL then what happens in Idaho is irrelevant.

You need to coherently answer the questions asked of you. What is your GROSS PAY and your NET PAY. It's not that difficult to determine - look at your pay stubs. And you don't get to 'deduct' anything 'extra' from your gross beyond required taxes.
 

fedupinIL

Member
If his case is in Illinois....

(1) The Court shall determine the minimum amount of
support by using the following guidelines:


Number of Children Percent of Supporting Party's

Net Income
1 20%
2 28%
3 32%
4 40%
5 45%
6 or more 50%

(2) The above guidelines shall be applied in each
case unless the court makes a finding that application of the guidelines would be inappropriate, after considering the best interests of the child in light of evidence including but not limited to one or more of the following relevant factors:

(a) the financial resources and needs of the
child;

(b) the financial resources and needs of the
custodial parent;

(c) the standard of living the child would have
enjoyed had the marriage not been dissolved;

(d) the physical and emotional condition of the
child, and his educational needs; and

(e) the financial resources and needs of the
non‑custodial parent.

If the court deviates from the guidelines, the
court's finding shall state the amount of support that would have been required under the guidelines, if determinable. The court shall include the reason or reasons for the variance from the guidelines.

(3) "Net income" is defined as the total of all
income from all sources, minus the following deductions:

(a) Federal income tax (properly calculated
withholding or estimated payments);

(b) State income tax (properly calculated
withholding or estimated payments);

(c) Social Security (FICA payments);
(d) Mandatory retirement contributions required
by law or as a condition of employment;

(e) Union dues;
(f) Dependent and individual
health/hospitalization insurance premiums;

(g) Prior obligations of support or maintenance
actually paid pursuant to a court order;

(h) Expenditures for repayment of debts that
represent reasonable and necessary expenses for the production of income, medical expenditures necessary to preserve life or health, reasonable expenditures for the benefit of the child and the other parent, exclusive of gifts. The court shall reduce net income in determining the minimum amount of support to be ordered only for the period that such payments are due and shall enter an order containing provisions for its self‑executing modification upon termination of such payment period.
 

TinkerBelleLuvr

Senior Member
Only other 'possible' deduction might be a mandatory pension deduction (had it when I taught in school - was 3% of all employees) or mandatory union dues.
 

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