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mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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How can I low child support and do I have a change paying

Customer Question

How can I low child support and do I have a change for not paying 20% of my netpay ? I have a joint custody agreement in IL and the divorce is not final. I have my son Allen, when school is session Thursday through Monday morning even other week. Wednesday and Thursday for evening dinner, 4:30pm to 7:30pm. Holidays even years. During the summer when school is out of session. I get Allen Monday though Wednesday drop off at 8pm even week. Saturday and Sunday other even weekend. My ex work full time and get pay 55,000 a year. I make 80,000 a year. Allen is in daycar 10 hours a day for 5 days of the week with me doing all the Transportation pick up and drop off. I believe my lawyer is have my best interest and this is a rare case in Illinois. Pleace help. Robert
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
Can you give me a sample of a rare case of child support in Illinois for child support reductions?
Customer: replied 1 year ago.
I would love to talk to you please call me(###) ###-####
Expert:  mmdesq replied 1 year ago.

Good Morning,

I will try to best answer your question.

Child support is determined by guidelines enacted by the legislature. It takes into consideration income from both parties as if they were living in the same household. Based upon that new household income a basic child support amount is recommended under the guidelines. The problem with any system ir guidelines is that one size does not always fit all. This is why deviations are allowed for unique circumstances. Your unique circumstances that must be focused upon are the substantial amount of custodial time that you have with your child, the fact that you're doing all the transportation and the fact that 50 hours per week the child is also not with either parent. Child support needs to be awarded in accordance with the best interest of the child. Your attorney will need to argue that without a deviation you will have limitations on what you will be able to do and provide for the child during your periods of custody. You need to be able to provide for your child during your periods of custody the same as mother. I think your case sounds like an excellent candidate for a deviation.

I think this is a very strong case for a deviation.

Customer: replied 1 year ago.
Can a judge make you pay, a unlicensed daycare provider , that is not agreed upon?
Expert:  mmdesq replied 1 year ago.

Yes it is possible if the charges are reasonable. Mother will also need to provide proof and payment. You are going to demand cancelled checks showing that they were deposited and cleared. If mother claims cash you're going to request copy of the receipt as well as the withdrawal slip showing the cast coming out of her account.

Customer: replied 1 year ago.
Even though she's living with the Unlicensed daycare provider and her causes living is less than Daycare.
Expert:  mmdesq replied 1 year ago.

I said it is possible. I did not know she was living there. May assume this daycare is a family member? If so you need to argue against it and demand proof of payment and that the recipient is disclosing alleged payments as income on tax return. It sounds like to take bs to me.

Customer: replied 1 year ago.
Thanks for all your help, where can I find information and articles on that New household income basic child support in IL?
Customer: replied 1 year ago.
You mentioned it in your first answer
Expert:  mmdesq replied 1 year ago.

Statute is 759 ILCS 505

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