As has been discussed in previous posts on this blog, Illinois courts will determine the amount each parent is responsible for in child support largely based on the income of each parent.
Basically, a formula is applied to each parent’s income and, once expenses are also accounted for, gives a suggested dollar figure for child support. Courts are generally expected to use this figure unless there is a good reason to deviate from it.
One of the big questions that may come up in a child support case is what exactly counts as income for the purpose of making a child support calculation. The question is important because the more a parent makes, the more he or she will be expected to pay in child support.
Because lawmakers want to see to it that children get as much support as possible, they generally will write laws that take a very broad view of what can be included as income, even broader than the view of income taken for tax purposes.
For this reason, Illinois judges are likely to consider what is called in kind income for child support purposes, meaning that the parent who is receiving this type of income will have it counting in their child support formula as if they received it in cash.
In kind income can include things like use of a company car or other employment benefits that actually reduces a person’s living expenses. Likewise, getting to stay rent free in a relative’s home or getting other help from parents in the form of paid bills and the like can also be in kind income.