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D. Siegel, Esq.
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Chicago Child Custody Lawyer

September 15, 2007

Child Support Determinations

Filed under: Child Support — davidmsiegel @ 9:58 am

Where the agreement states a percentage of income as support, the trial court should apply subdivision (a)(3) to determine the net income, and then state the child support as a dollar amount. In re Sheetz.
 Former husband who paid in excess of specific sum set forth in settlement agreement who, at the time of the agreement, had a retarded child, and who made payments equal to 50% of his income, did not have to pay 50%  of his income to ex-wife for alimony and support years later. In re Whetstone.
 Order setting a mother’s child support at a certain percentage of her income was not final and appealable, and therefore related orders on the issues of custody and visitation were not final and appealable, where the child support order did not set a particular dollar amount. Shermach v. Brunory.
 Although each judgment of support order arrearages has the full force, effect, and attributes of any judgment of this state, including the ability to be enforced, this fact alone will not confer appellate jurisdiction; if such judgments for arrearages were deemed final for the purposes of appeal, then an appeal conceivably could be taken with every monthly installment, thereby creating piecemeal appeals. In re Ryan.
 In accordance with the Illinois Parentage Act of 1984, 750 ILCS 45/1 through 27, trial courts “shall” use the guidelines and standards set forth in 750 ILCS 5/505 in determining whether to modify an order for child support in accordance with 750 ILCES 5/510 Anderson v. Heckman.
 The standards contained in this section regarding child support are applicable to the determination of temporary child support. In re Rogliano.
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