Legal Question in Family Law in Illinois
child support
My ex-husband had 2 jobs this year and has an overpayment to social security of approximately $2400.00 ($33,000 over the $87,000 ceiling at 6.2%) When he had the same job all year and social security was completely paid into,the child support checks increased.So far this year he has not increased the child support checks but he will show the overpayment on his tax return. Am I entitled to a percentage(in our case 25%) of this money as child support?
Thank you
1 Answer from Attorneys
Re: child support
The terms of your existing court order for the payment of child support must be followed until that order is changed by the court. Therefore, you are only entitled to whatever amount or formula as currently specified in your existing court order. However, state law has recently changed to provide that if two children are involved, you would be entitled to 28 percent of his net income for child support purposes. You must file a petition with the court to obtain that increase if you fall within the two child category.
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