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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27887
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I moved to Illinois from KY two years ago. I have been divorced

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I only want an answer from a family law attorney licensed in IL. I moved to Illinois from KY two years ago. I have been divorced for 7 years. When I moved to Hinsdale, I had a great job making about $500K a year. My EX made about $80K a year. Our divorce agreement says joint custody and no one was designated the residential custodian.   The children are 13 and 10. Also there was no child support or alimony because at the time of the divorce, we made the same amount. We split the time with kids pretty much 50/50.   I lost my job last year and am starting a new business - no revenue yet. (With severance etc, I was paid out about $1.3M) My EX is only making about $40K this year. I let her live with me in Chicago because she was low on cash but she moved out in October 2010. Her own decision. Now, she says she will take me to court for child support. I am not making any money and she is making $40K or so. Since she lived with me in Chicago for 1.5 years before moving out in Oct, could she make a good case for retroactive support? Can she get support now? I have about $1M in the bank, but I am not making any money yet with new business. I want an attorney licensed in IL to answer.
Submitted: 3 years ago.
Category: Family Law
Expert:  LawTalk replied 3 years ago.
Good morning,

I'm sorry to hear of your dilemma.

While I am not an Illinois attorney, I have nearly 3 decades of legal experience and I am more than capable of discussing your issues with you if you want. I honestly do not believe that we have Illinois licensed attorneys regularly answering questions here so you could wait weeks or months to get you question answered.

And, just so you know---Illinois courts must apply Kentucky law as regards XXXXX XXXXX of child support as that is where the divorce and original Orders regarding child support were entered. And, I do have some first hand knowledge of Kentucky child support laws.

Let me know your thoughts.

Doug
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27887
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
LawTalk and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Doug,

Interesting, Illinois courts must apply the KY laws? Do KY laws govern only the "appropriateness of child support" or do KY laws also govern the amount of child support? I ask because it seems the IL laws are much more painful for the dad in terms of the amount of child support.
Expert:  LawTalk replied 3 years ago.
Illinois laws are much more painful. However, the reason for the requirement that a state must apply the support laws of the state of divorce or first support award is precisely to prevent a parent from forum shopping in the hopes of doing the greatest harm to the other parent, after the fact.

The KY law as to appropriateness, emancipation and amount all will be applied by an Illinois court if they agree to even hear the support petition.

Under KY law, support is not based on the wealth of an individual, but the earnings.

403.212 Child support guidelines -- Terms to be applied in calculations -- Table.
(1) The following provisions and child support table shall be the child support guidelines established for the Commonwealth of Kentucky.
(2) For the purposes of the child support guidelines:
(a) "Income" means actual gross income of the parent if employed to full capacity or potential income if unemployed or underemployed.


The fact that you have chosen to start a new business and are under-employed will mean that the court will be allowed to impute income to you as if you were fully employed, so you are not entirely off the hook. Additionally, while your wealth is not a concern, any interest or investment income coming from your million dollars will be considered income and added to any imputed income from full time employment.

She will not be able to make a case for retroactive support as you were all living as a family unit for the past 18 months or so---and with child support orders---once one is in place, it is valid an enforceable until a court modifies it---so that too would eliminate retroactive support in her case.

I wish you the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.


Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

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