Some parents work in an industry where their income varies on a weekly, monthly, and/or yearly basis. They may work overtime, work on commission, or frequently receive bonuses. When this occurs, it can be more difficult to calculate the appropriate amount of child support they may be required to owe. Let’s take a closer look at how child support in Illinois is calculated when the parent who owes it does not have a steady, predictable income.
Using the Historical Average
When a parent’s income fluctuates, using the historical average of their income for a certain amount of preceding months may help determine a monthly income, which can be used to figure out a child support amount. In the event a parent’s income drastically changes, a child support modification may be necessary.
Using a Base Child Support Figure
One of the most accurate ways to calculate child support when there is inconsistent income is establishing a base child support amount that is based on income prior to overtime, commissions, and bonuses. The base child support amount can be supplemented on a monthly basis and based on an income percentage above the base amount.
If this method is used, the parent who owes child support will have to work together with the one who will be receiving it. The parent who owes child support will be required to show documentation on a monthly basis to ensure the supplemental amount is fair.
True Ups on a Periodical Basis
In some cases, the court may order a periodical true-up process in addition to one of the first two methods discussed. A periodical true-up process is when child support is paid based on a historical average or a base amount paired with a supplement and at certain times when the payer will provide the recipient with W2 forms and pay stubs.
The W2 forms and pay stubs will serve as documentation to prove the actual amount of child support that should have been paid during the prior time period. The parent who is responsible for paying the child support will then be required to pay the difference to the receiving parent or collect a credit that can be used towards payments in the future.
Contact Our DuPage County Divorce Lawyers
If you are a parent concerned about how child support will work with an inconsistent income, you should reach out to our highly skilled DuPage County divorce lawyers at Mevorah & Giglio Law Offices. We are here to help you navigate through this complex situation and ensure your rights are protected.
Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah & Giglio Law Offices can help. Our trial lawyers have over 40 years of experience helping clients throughout Northern Illinois from 3 offices in Lombard, Bloomindale, and Naperville.
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