St. Charles Child Support Lawyer
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Maintenance and Child Support
Maintenance is determined using specific guidelines for specified time periods. Here is how the law works. First the judge must determine whether maintenance is appropriate, and if so, the judge is to apply the guidelines described below to set the maintenance. Alternatively, the judge can reject the guidelines if he or she feels they will result in an unfair amount. Child support is to be calculated after the maintenance is determined.
The guidelines are based on the parties “gross income” which is defined as “all income from all sources.” This includes wage income, investment income, business distributions and various other types of income. When the combined gross income of the parties is less than $250,000 and no multiple family situations exists, the amount of maintenance is calculated by taking 30% of the payer’s gross income, minus 20% of the payee’s gross income. The amount calculated under the guidelines may not result in the recipient receiving an amount in excess of 40% of the combined gross income of the parties.
Duration of the Maintenance
The duration of the maintenance shall be calculated by multiplying the length of the marriage by the ratios set out in the statute: 0-5 years (.20); 5-10 years (.40); 10-15 years (.60); or 15-20 years (.80). For example, take a marriage of 8 years. The multiple for a marriage lasting between 5-10 years is .40. Thus, for example, to determine the amount of maintenance for an 8 year marriage is determined by multiplying 8 X .40, which results in 3.2 years of maintenance. For a marriage of 20 years or more, the judge shall order either permanent maintenance or maintenance for a period equal to the length of marriage.
Child support is calculated after deducting any sums paid as maintenance. Formerly, child support was determined independent of maintenance. Now, in addition to all of the other deductions provided for in the statute, maintenance actually paid is deducted, and that net sum is applied to the child support percentages. This feature of the new statute reduces child support for parents also receiving maintenance.
Experienced maintenance lawyers
Peskind Law Firm has substantial experience representing high income families and understands how to handle complicated maintenance and child support issues. The firm employees a Certified Public Accountant that helps the lawyers analyze the parties’ income and the tax considerations related to maintenance. This high level information helps our lawyers negotiate advantageous settlements or when no agreement can be reached, the information is used to enhance our opportunities in court.
For more information, contact the firm at 630-444-0701 or email Jenna@peskindlaw.com.
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