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Lawmoe
Lawmoe, Lawyer (JD)
Category: Legal
Satisfied Customers: 2415
Experience:  Lawyer with 19 years of litigation experience in state and federal court systems.
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Hello, I am a divorced father of 5 children. I have one

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Hello,

I am a divorced father of 5 children. I have one child with my first wife, and 4 with my second wife. I live in Illinois, and I am paying so much child support, that I cannot live in a place of my own, because I cannot afford a residence that is safe and can accomidate all of my children when they come to visit. My laywer says the courts don't care how much I pay, and that I cannot have my payments modified. I was told by another lawyer that this is not true, and that I am paying $600 too much in child support. My net income is $3600, and I pay $733 to the first wife, and $1300 to the second wife. Is this amount correct, and can this be modified, or will I never be able to live on my own? Please help. Thank you.

Thank you for the post.

 

Both attorneys are right to an extent.

 

First, Illinois, like most states has child support statutory guidelines under Illinois statutes 750 ILCS 5/505. The Guidelines provide that support should be set as follows: T

support by using the following guidelines:
Number of ChildrenPercent of Supporting Party's

Net Income
120%
228%
332%
440%
545%
6 or more50%

 

 

Those statutory guidelines for a presumption as to what child support should be awarded and in almost all cases they are followed. In fact, Illinois statutes state that the guidelines "Shall" be applied except under enumerated circumstances as set forth below:

.

The above guidelines shall be applied in each
case unless the court makes a finding that application of the guidelines would be inappropriate, after considering the best interests of the child in light of evidence including but not limited to one or more of the following relevant factors:
(a) the financial resources and needs of the
child;
(b) the financial resources and needs of the
custodial parent;
(c) the standard of living the child would have
enjoyed had the marriage not been dissolved;
(d) the physical and emotional condition of the
child, and his educational needs; and
(e) the financial resources and needs of the
non-custodial parent.

 

The fact is that courts rarely deviate from those guidelines. As a result, if your child support was based on the child support guidelines, it would be difficult to seek a modification but not impossible.

 

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