St. Charles Child Support Lawyer
Lawyers with a Game Plan
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 $500,000 and no multiple family situations exist, the amount of maintenance is calculated by taking 33 1/3% of the payor’s net income, minus 25% of the recipient’s net income. The amount calculated under the guidelines may not result in the recipient receiving an amount in excess of 40% of the combined net income of the parties.
Tax Deductibility of Maintenance
Under amended tax laws, for any maintenance order entered after January 1, 2019, it is no longer deductible for the person paying nor income to the recipient. For maintenance orders entered prior to that date, the maintenance continues to be taxable/deductible for so long as it is paid.
Duration of the Maintenance
The duration of the maintenance is calculated by multiplying the length of the marriage by the ratios set out in the statute: less than 5 years (.20); 5 years or more but less than 6 years (.24); 6 years or more but less than 7 years (.28); 7 years or more but less than 8 years (.32); 8 years or more but less than 9 years (.36); 9 years or more but less than 10 years (.40); 10 years or more but less than 11 years (.44); 11 years or more but less than 12 years (.48); 12 years or more but less than 13 years (.52); 13 years or more but less than 14 years (.56); 14 years or more but less than 15 years (.60); 15 years or more but less than 16 years (.64); 16 years or more but less than 17 years (.68); 17 years or more but less than 18 years (.72); 18 years or more but less than 19 years (.76); 19 years or more but less than 20 years (.80). For a marriage of 20 or more years, the court, in its discretion, shall order maintenance for a period equal to the length of the marriage or for an indefinite term.
Child support is calculated after deducting any sums paid as maintenance. The Court uses an income share model to determine child support. This means the court sets child support based on both parents’ incomes, using state guidelines. Under the former law, child support was determined independent of maintenance. Now, 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 cash flow. 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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