Child Support and the Beauty of Imputed Income

BabyPursuant to Illinois law, a non-custodial parent is obligated to pay child support based on the number of children involved. If it is one child, it is 20% of the non-custodial parent’s net income from all sources, two children is 28%, etc. The easiest way to determine net income is to review a paystub, income tax return or W-2.

The problem arises in situations where a non-custodial parent alleges that he or she does not work yet lives in a nice home, drives around fancy cars, eats out all the time, etc.  In In re the Marriage of Rogers, 820 N.E.2d 386 (2004), the Illinois Supreme Court held that the definition of income in 750 ILCS 5/505 includes gifts and loans received from other people, including family, for purposes of calculating child support. In other words, for a non-custodial parent who claims he or she has no money and lives with his or her spouse, parents, etc., who are paying for his or her housing and other expenses, the total amount of financial support he or she is receiving from said sources can be used to determine the total “net income”, and 20% or whichever calculation applies, would be the amount of child support the custodial parent is entitled to.



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