In Illinois, child support is calculated based on a number of factors, including the income of the non-custodial parent. However, the question of how to calculate cash income can be a complicated one. In this blog, we’ll take a closer look at how cash income is considered in Illinois child support.
First, it’s important to understand what is meant by cash income. Cash income includes any income that is received in the form of cash, check, or money order, including wages, tips, and self-employment income. However, it does not include non-cash benefits such as food stamps, housing assistance, or employer-provided benefits like health insurance.
When calculating child support in Illinois, both parents are required to provide information about their income, including their cash income. The Illinois Department of Healthcare and Family Services uses this information to calculate the appropriate amount of child support, based on a formula that takes into account the number of children and the income of both parents.
If the non-custodial parent has a steady job with a regular paycheck, calculating cash income may be straightforward. However, if the non-custodial parent is self-employed or has irregular income, determining their cash income may be more complicated.
In these cases, the court may look at the non-custodial parent’s tax returns and financial records to determine their average income over a certain period of time. The court may also consider factors such as the parent’s lifestyle and spending habits to determine their actual income.
It’s worth noting that in Illinois, cash income is not the only factor that is considered when calculating child support. Other factors that may be taken into account include the child’s needs, the custodial parent’s income, and any special needs or expenses related to the child’s care.
In some cases, the court may also consider the income of a new spouse or partner when determining child support. This is known as “imputed income,” and it can come into play if the non-custodial parent is voluntarily underemployed or unemployed.
For example, if a non-custodial parent has a degree in a high-paying field but chooses to work in a low-paying job, the court may impute income based on their potential earning capacity. Similarly, if a non-custodial parent remarries and their new spouse has a high income, the court may consider that income when calculating child support.
Calculating cash income in Illinois child support cases can be a complex process that requires careful consideration of a variety of factors. If you’re facing a child support issue, it’s important to work with an experienced family law attorney who can help you understand your rights and advocate for your interests. We can help ensure that all sources of income are accurately accounted for in the child support calculation, and that the final amount is fair and appropriate for your family’s needs.
