In Illinois, substantial and consistent gifts made by third parties to a parent may be considered income for the purposes of child support. This typically includes regular or large gifts that provide ongoing financial support. It’s always a good idea to keep detailed records of any gifts received, as they may need to be
disclosed during child support proceedings.
In re Marriage of Rogers, the father’s net income was calculated and deemed to be $15,000. This is not livable for an adult, let alone an adult who has to pay child support. That being, his child support payments were set to $250 a month.Then, it was found that he also receives an average of $46,000 in gifts. Since this amount is a substantial amount of his income, the courts had decided to incorporate it as his net income as it does not need to be paid back. This increases the child support payments to $1000 per month, 300% more than the original amount of child support! The ruling In re Marriage of Rogers, ensures that child support calculations accurately reflect the financial resources available to the parent, promoting fairness and equity in supporting the child’s needs
Here are some steps to document the gifts you receive for your Illinois child support calculation:
- Keep Detailed Records: Maintain a log of all the gifts you receive. Note the date, the source of the gift, the estimated value, and the nature of the gift (e.g., cash, property, or other items).
- Document the Purpose: Clarify if the gift is intended for personal use or to support the child. This can be useful in distinguishing between gifts meant for personal enjoyment versus those meant for ongoing support.
- Obtain Written Confirmation: When possible, get written confirmation from the person giving the gift. This can be a simple note stating the gift’s value and intended use.
- Store Proof of Receipt: If the gift is monetary, keep proof of receipt such as bank statements or deposit slips. For non-monetary gifts, retain any related documentation like appraisal certificates or receipts.
- Consult with Your Attorney: Share the details of these gifts with your attorney to determine how they should be reported and whether they might affect your child support calculations.
- Include in Financial Affidavits: When completing financial affidavits for court, make sure to include the information about these gifts as required. Transparency is crucial to ensure a fair assessment.
Properly documenting gifts helps maintain transparency and ensures that all relevant income is considered when calculating child support. It can also help avoid disputes and demonstrate your commitment to providing accurate financial information. If you need help with pursuing or defending your Illinois child support lawsuit please click the link below contact our Chicago office and speak with one of our experienced family law attorneys https://jacobsonlegalservices.com/!
