Halle Berry’s child support payments to her ex-boyfriend, Gabriel Aubry, have been reduced to $96,000 per year. Before the reduction the actress was paying her ex-boyfriend $192,000 per year. That’s $8,000 per month, down from $16,000 per month, respectively.
Ms. Berry took to Instagram to call child support payments “extortion”, claiming the rules are “outdated”. Ms. Berry says “I’ve been paying it for a decade now. I feel if a woman or man is having to pay support that is way more than the reasonable needs to help SUPPORT the child, I think that is wrong!”
“I understand some parents (man or woman) may need help, but I also feel in these modern times both men and women have the responsibility to financially take care of their children and work hard and make every effort to do so. (sic)”
In their new agreement, Ms. Berry’s child support obligations have been reduced from $16,000 per month to $8,000 per month, she’s agreed to contribute $5,000 to Mr. Aubry’s legal costs, as well as pay more in child support if her income exceeds $1.95 million per year. Based on their representation, it would appear that the duo took this matter to Californian courts. California uses a different formula to calculate child support than Illinois. California’s equation looks like this: CS = K (HN – (H%) (TN)). Complicated, right?
Let’s talk about the Illinois calculation. It might sound just as complex, but it’s a bit more simplified compared to California. The Illinois Department of Healthcare and Family Services (ILHFS) has published a worksheet to do just that.
First, each parent’s gross income is determined. Next, each parent’s standardized net income is determined from a schedule of wage conversions used by the Illinois Department of Health and Family Services. Next, that standardized income is adjusted by including things such as maintenance or other court-ordered family obligations. These adjusted incomes are added together, the total child support obligation is determined using a chart and the added adjusted incomes, each parent’s respective percentage of the total adjusted income, and from that each respective child support obligation amount can be determined. All of the relevant documentation, and more, can be found here.
The takeaway here is that as income goes up, the child support obligation will proportionally go up as well.
But once the support has been calculated and ordered, what happens if your income – or the other parent’s income – changes? As with Ms. Berry, you can go back to the court and ask the court to modify the child support obligation because there has been a change in income. As we’ve seen with Ms. Berry and Mr. Aubry, these adjustments can be drastic.
To speak to one of our attorneys about your child support calculation or modification of child support, call Kiswani Law at 708-210-9247.