• In the Spotlight:
Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

Illinois legal advice: 50/50 visitation, is he obligated to pay child support

Posted by on Dec. 18, 2012 at 4:03 PM
  • 5 Replies

In Illinois.

I'll keep it simple. I gave up 2 days a month to make life easier on my 14 year old daughter who is struggling adjusting with the transition from private grade school to high shool. I did this for her not realizing priveldges might be jeapordized.

My unallocated support ends February. He emails last month and said since the visitation has changed to 50/50 he is no longer obligated to pay child support.

The divorce decree says when unallocated support ends he is to pay 28% child support.

i have been told child support can always be re-vsited and with the 50/50 he may not be obligated.

by on Dec. 18, 2012 at 4:03 PM
Add your quick reply below:
You must be a member to reply to this post.
Replies (1-5):
robyann
by on Dec. 18, 2012 at 4:28 PM

 Here in Ky, when there is a 50/50 or shared parenting arrangment, the child support is figured a bit differently, but generally which every parent makes more money they will pay the other support. Just because he has the child 50% of the time does not mean you still don't need to provide a home for the child. Just that he does too.

CoeyG
by on Dec. 18, 2012 at 4:55 PM

You would have to check with your lawyer.  I know when my older sisters were with us half the year my dad only paic CS for the half they were with their mother.  He was able to "spread out" those payments for the entire year though, paying her half of the monthly amount all year.  Back in those days mother's didn't pay CS...Nowdays they do so things have changed.

caro100
by on Dec. 18, 2012 at 5:03 PM

He may be right, but you need to consult a lawyer for sure.  If the decree says if it goes to 28% for 50/50 visitation, then I say he probably will have to pay you something.  One of my son's friends father chose to keep paying the same amt. of child support, even though he had his son 100% of time, so he did not have"mess with the ex".  

Jessy76
by on Dec. 18, 2012 at 5:04 PM

It is based as much on income as it is on time. You should be able to get advise from a lawyer or even just going to your local child support enforcement authority to get more info. If his income is much higher then your he will still be paying CS but if you are about equal then he may not pay anything.

chels210
by on Dec. 18, 2012 at 5:08 PM
He cannot stop paying cs unless he goes back to court. Also, I believe that in IL if he makes more money than you and the custody is 50/50, he does pay cs still, but I think at a reduced rate. Check with a lawyer to be sure
Posted on the NEW CafeMom Mobile
Add your quick reply below:
You must be a member to reply to this post.
Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)