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Advise and/or right path on adjust Co and child support

Posted by on Jul. 30, 2014 at 7:09 PM
  • 23 Replies
If you have read my previous post then you know some what of my background. Does anyone know who my boyfriend can talk to about getting his CO and child support adjusted? We live in IL and he talked to an attorney today. The attorney couldn't help becuses he worked with his ex on the divorce and when my bf stated he wanted to get his child support evaluated if not dropped and the attorney said the outcome looks slim. There has to be someone that will sit down and talk to my boyfriend about this with out wasting time and money like is old attorney. See he pays 600 a month in child support, has his daughter 8 out of the 14 days and he pays for half school supplies and other things his daughter needs if not more. Anytime he try's to discuss half with his ex she comes up with every excuse in not to pay for things. When she does buy things for her daughter it's always cheap clothes and things that do not fit properly. His daughter is always asking to take her shopping for jeans and undergarments because her mom said she is just wasting her money and won't. One of the reasons why he wants to evaluate his child support is because he received a letter in the mail telling him the states wants to look into it. He thing is he agreed to pay out side of the court at the time because he thought it was the right thing to do and his attorney said nothing about it. The attorney said his ex is the one that pushed the state to look into what he pays in child support because he makes around 80000 a year. I guess she thinks he owes her more. She is a stay at home mom with two kids now. And is remarried. Every time we pick his daughter up she is always upset if not in tears because of the way her mom treats her. She is ten and sea to have more stress then anyone I know. Of anyone can help it would be much appreciated. Thanks for listing and sorry for venting.
by on Jul. 30, 2014 at 7:09 PM
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Replies (1-10):
DDDaysh
by Bronze Member on Jul. 30, 2014 at 7:12 PM
Well, has he looked at what the state calculated child support would be with the current time split? Is it more or not?

I don't see anything you've said that would warrant a custody change, so I'm guessing the attorney was right about that.
jules2boys
by Platinum Member on Jul. 30, 2014 at 7:24 PM

I wouldn't have gone to the same attorney my EX used for advice.  They'd have a loyalty to the first client no matter how much they charged me for the visit/advice.

Have bf contact a new, unrelated attorney to seek advice, and he should have the CO in hand when he goes in.

Choosing to pay outside the courts COULD backfire on him if BM is vindictive.  I hope he at least paid in checks that he can trace to provide proof, if necessary, that he paid BM CS each week/month/whatever, and that each check says 'child support' on it in the memo section.  This may not help him, the courts may still look at all he's paid as a 'gift' and he could wind up owning more.  OR, they could count that, and simply reevaluate the CS order for what each parent makes today. 

I'm not in IL but I'm sure there is an on-line calculator he could use to guess at what the state would require him to pay based on overnights/time spent with the child in his care. 

How much time does he have with the child in the CO?  Does it differ from reality?  If so, this would need to be addressed as well (and BM may choose to go back to following the CO exactly, so be careful). 

Who sent the letter to him saying BM wants to reevaluate the CS? Child services or a lawyer or someone else? 

Picasso531
by on Jul. 30, 2014 at 7:27 PM
I guess both parties would pay 20% of their income. Since she does not work I guess he would pay for both. He has records of all that his ex has said via text and what she does. Plus his daughter wants to live with her father full time. It's really crazy and sad in re child's part. My boyfriend couldn't prove that his ex is unfit. He is not trying to do that he is just trying to find a way to make his child's life better. Thanks for the replay though.

Quoting DDDaysh: Well, has he looked at what the state calculated child support would be with the current time split? Is it more or not?

I don't see anything you've said that would warrant a custody change, so I'm guessing the attorney was right about that.
GlockMom
by Platinum Member on Jul. 30, 2014 at 7:28 PM
Does IL not consider overnights? I just used a calculator for IL and it looks like the only thing they consider is NCP income, medical insurance cost, alimony paid and other CS paid. With just using the little info you gave it looks like he would be paying about $1200 a month.
MakesPrtyBabies
by Bronze Member on Jul. 30, 2014 at 7:29 PM
Cs with 80k income would be 1300a month here. My ex pays more then 600 and pays for half of school supplies too.
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Picasso531
by on Jul. 30, 2014 at 7:29 PM
I also ment to add that they both agreed to the support out side of the court and both would have to agree to have it dropped. His ex only does what benefits her and that would not be benefitting her if it was dropped.
FreedomTruth
by Bronze Member on Jul. 30, 2014 at 7:30 PM

Doesn't illinois just take a straight percentage of paycheck, like 20% if one child, 28% if two children, etc. There is a chance he will end up paying over $1,000.00 a month. Call the Illinois state bar and see if you can get a referral from them for an appointment. Through them it is usually about $50 to $100 for a period of time.

Picasso531
by on Jul. 30, 2014 at 7:35 PM
In the CO it states that he has his daughter majority of the time. The bm ways through the co in our faces when we are late on timing or ask to have his daughter for a week durning the summer. He did not know it was the same guy which sucks because now he has to wait a few weeks and talk to someone else. I have read the Co and it seems set up so crazy. Who ever did it did it sloppy and quick. His child support gets pulled out of his paycheck so that states child support. As for him paying for things on the side I'm not sure what the best way is for him to keep track or if it really matters since he gets f***ed anyways.

Quoting jules2boys:

I wouldn't have gone to the same attorney my EX used for advice.  They'd have a loyalty to the first client no matter how much they charged me for the visit/advice.

Have bf contact a new, unrelated attorney to seek advice, and he should have the CO in hand when he goes in.

Choosing to pay outside the courts COULD backfire on him if BM is vindictive.  I hope he at least paid in checks that he can trace to provide proof, if necessary, that he paid BM CS each week/month/whatever, and that each check says 'child support' on it in the memo section.  This may not help him, the courts may still look at all he's paid as a 'gift' and he could wind up owning more.  OR, they could count that, and simply reevaluate the CS order for what each parent makes today. 

I'm not in IL but I'm sure there is an on-line calculator he could use to guess at what the state would require him to pay based on overnights/time spent with the child in his care. 

How much time does he have with the child in the CO?  Does it differ from reality?  If so, this would need to be addressed as well (and BM may choose to go back to following the CO exactly, so be careful). 

Who sent the letter to him saying BM wants to reevaluate the CS? Child services or a lawyer or someone else? 

Picasso531
by on Jul. 30, 2014 at 7:37 PM
I believe so. We told his ex when she has after for extra that is what child support is for and then she just makes her daughter go without. Then my bd ends up paying for it because his daughter needs it. Like school suppose or winter boots. We have that in a text.

Quoting GlockMom: Does IL not consider overnights? I just used a calculator for IL and it looks like the only thing they consider is NCP income, medical insurance cost, alimony paid and other CS paid. With just using the little info you gave it looks like he would be paying about $1200 a month.
Picasso531
by on Jul. 30, 2014 at 7:38 PM
Thanks. I will have him look into that. Sucks because it's joint custody and he's getting the crappy end of the stick.

Quoting FreedomTruth:

Doesn't illinois just take a straight percentage of paycheck, like 20% if one child, 28% if two children, etc. There is a chance he will end up paying over $1,000.00 a month. Call the Illinois state bar and see if you can get a referral from them for an appointment. Through them it is usually about $50 to $100 for a period of time.

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