Calculating child support payments is a critical part of any divorce, but how is this handled when there are multiple mothers? Below is essential information to know about this vital subject. Please ask our Chicago child support attorneys at Gordon & Perlut, LLC, if you have questions.
The child support model in Illinois was modified recently. It now follows an ‘income shares’ model that considers each parent’s income when deciding the total amount of child support. This is instead of the court ordering one parent to provide child support to the other on a mere percentage basis.
One of the reasons the state shifted in this area is the change in parental responsibility and child custody laws. Instead of giving child custody to one or both spouses and naming one as the primary custodial parent, the family court allocates the responsibilities per the Illinois Marriage and Dissolution of Marriage Act.
Under state law today, all child custody cases that come from a divorce or separation require the family court to make decisions about child support. No matter if the parents are a mother and father or a same-sex couple, the court uses the income shares model to decide about child support.
Note that the income shares model is not dependent on the gender or sex of the two parents. Instead, the income shares model is utilized when two or more mothers share a child from their marriage or relationship.
A situation also can arise where a parent has children with two mothers in different relationships. When the parent has a child with two separate mothers, family courts still utilize the income shares model to arrive at the proper child support obligation. However, the court will combine the net incomes of both parents instead of their gross incomes.
To decide the net income for the parent with a child with two separate mothers, the family court deducts the child support amount the parent currently pays for the child shared with the first mother. Next, the total amount of child support for the child shared with the second mother is based on all parents’ net income minus the current child support payment.
When going through a divorce and you have questions about child support, it is essential to have the correct legal information. The Chicago child support lawyers at Gordon & Perlut, LLC, can help you today.
Our Chicago child support lawyers have extensive experience in these matters in the communities of Evanston, Des Plaines, Park Ridge, Mount Prospect, Elk Grove Village, Glenview, Niles, Prospect Heights, Northbrook, Wheeling, Winnetka, Arlington Heights, Riverside, Rosemont, Glencoe, Morton Grove, Rolling Meadows, and Wilmette. Please contact Gordon & Perlut, LLC at (312) 360-0250 for help with child support questions.