Question:
I have shared/split custody 50/50. I live in Illinois and just found out that I maybe paying too much child support. The judge took 28% of my net income and 28% of moms net income and I pay the delta (because of disparity in income levels). I found out that other states have statues and even another case in Illinois that calcs the percentage off each income and then applies the time not spent (ie. 50%) to the support. Example: 2 kids at 28% of each net income and then 50% of that is paid. This is a high factor that the judge did not take into account. What can I do to modify this? Or do I not have a case?
Answer:
I think that the child support calculated therein is within the court's jurisdiction. When children live 50/50 with each parent, there is no certainty on how it will be calculated, as there is discretion by the court.
