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Hi my exwife is taking me to child support court. But in our divorce the judge rule 50/50 joint custudy she has our kids monday thur thursday morning and I have the kids thursday thur monday morning and this has been going on since 2004 can she do this?
Optional Information: State/Country relating to question: Illinois Already Tried: nothing yet
I am a licensed attorney and would be happy to help you with this.She can sue you for child support. However, she will have to show that she should have the right to collect child support from you. If child support was not ordered in the divorce decree that established the Parenting Plan and custody arrangements, then she will have to show that circumstances since that order have materially changed, and therefore child support should now be ordered. Therefore, you should argue that because you equally share custody and the expense of raising the children, then child support is not warranted. Please let me know if I can clarify anything, or provide you with any additional information. If not, please accept my answer. Any positive feedback will be greatly appreciated and reciprocated. Thank you very much and I wish you the best of luck!
Experience: I can answer general family law questions regarding the family code and procedure.