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In Illinois, child support is calculated based on the non-custodial parent's net income.  Net income is calculated by taking gross income less all applicable deductions: taxes, union dues, uniform dues, health insurance premiums for coverage for the minor children, mandatory pension contributions.  Child support for one (1) child is 20% of the non-custodial parent's net income; two (2) children 25%; three (3) children 32%; and four (4) children 40%.  The custodial parent's income is not a factor in the calculation.  Deviations from the statutory guidelines are based on a case by case basis.  Some instances of deviating fom the above percentages are: when the non-custodial parent has shared physical custody, the non-custodial parent has more time with the children than the statutory standard visitation; the non-custodial parent is supporting other children through prior child support order(s).  

It is not uncommon for at least one of the parties in a family court matter to be unhappy with the final decision.

Some people resign to the fact that they will just have to live with it, but others immediately look into a “Plan B.” If a mistake was made at the trial court level, a good “Plan B” is seeking an appeal.

If you are thinking about appealing a decision related to divorce, child custody, child support, or another family law issue, you should really schedule a consultation with Polinske & Associates immediately. A Notice of Appeal needs to be filed within 30 days of a final order, so if you don’t act quickly, you lose your right to an appeal. Your first consultation is free, and you will be able to find out from an experienced family law appeals attorney whether or not your appeal has any legs to stand on. Remember, an appeal is valid if an actual mistake was made, but not if you just aren’t satisfied with the outcome.

The appellate court does not hear your entire case over again. Their job is to review what already happened by taking a look at all of the pleadings, motions, and other documents that were filed. They will also consult a written record of the oral proceedings to learn about exactly what was said and what happened in the court room. You are, however, entitled to file a written brief that explains what your case is about, why you think the court’s original decision was incorrect, and supporting legal reasons to prove why the decision was wrong. Your family law appeals attorney will be able to help you craft this.

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