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JackJD
JackJD, Lawyer
Category: Family Law
Satisfied Customers: 535
Experience:  I've been in practice for 30+ years, concentrating in family and employment law. I enjoy helping people.
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In Illinois .... after divorce, where the custodial parent

Resolved Question:

In Illinois .... after divorce, where the custodial parent is receiving child support. Are these child support funds also required for the custodial parent to provide clothing and other essential items for the childerns non-custodial parent when they are in his care (non) as per the visitation agreement/requirement?
Submitted: 4 years ago.
Category: Family Law
Expert:  JackJD replied 4 years ago.

JackJD :

A little more information would help. What are the age(s) of the child(ren)? How long are they visiting for?

Customer: The ages 16, 14, 12, and 9.
Customer: Ages 16,14,12 and 9
JackJD :

And how long are they visiting?

Customer: The visits every other weekend plus 2 nights per week during the school year. Over the summer, every other week.
JackJD :

And, lastly, what is it that they're not coming with? Clean clothing? Necessary medicine?

Customer: 3 over nights a week during school year.
Customer: They need to bring clean clothes for the length of the visit (non-custodial) refuses to provide them with any to leave at his house and when they are returned its with dirty clothes.
JackJD :

Are you the custodial or the noncustodial parent?

Customer: Custodial
JackJD :

Ok, let me answer your original question.

Customer: Essentially the noncustodial partent claims that all the necessary needs of the children are to be purchased with the child support funds provided
JackJD :

The Child Support Guidelines were created by the federal government by studying intact families and deriving the costs of having children in the household. Then, they were adjusted to take into account the more common visitation arrangements (I would say that your's is pretty typical). That means, routine stuff like food, trip to the movies, etc (and I would include laundry in this) were assumed to be provided by the noncustodial parent when they were on the visits. Thus, the legal answer is that the noncustodial parent should routinely launder clothing for the days that they're there.

Customer: And provide clothing?
JackJD :

Possibly. In theory, a refusal to do the routine stuff such as laundry could be a basis for requesting the judge to deviate upwards from the child support guidelines, to compensate for you having to do this extra. But for some practical suggestions: You just have a d***k for an ex. You can bet that kids this age are well aware of what's going on. I always advise my clients to take the 'high road' approach. Unless you have to go back to court anyways, its not cost-effective to try for a deviation over this. Think in the long picture ... what will these kids say about their childhood when they are adults themselves?

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