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Defining Income for Child Support Purposes

By Paul L. Feinstein

The use of guideline child support throughout the nation has made vital the threshold definition of income for support purposes. More often than not, your state will not have decided the specific question with which you are struggling, i.e., whether or not a particular item constitutes income. The good news is, the odds are increasing that other states will have dealt with the issue. Here are some examples of some of the more recent cases.

Illinois has been at the forefront in these “income” cases. 750 ILCS 5/505 provides for a presumption that various percentages of a payor's “net income” shall be used. Unfortunately, Section 505 does not define “gross income,” requiring definitions to be established through caselaw. Some other states are more specific in their statutory definitions.

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