Legal Question in Family Law in Illinois
Child custody agreement before the child is born
I currently pay child support on One child from a previous marriage. I'm recently re-married and my new wife wants to have a child. I welcome an additional child but have expressed concern about paying child support to another person if the marriage didn't work out. Financially this would cripple me. I know I'm being skeptical but I'm also being realistic since many marriages end in divorce. My current wife knows about my concerns and has agreed to a custody agreement before she gets pregnant. She has agreed to shared (50/50) custody with no child support and not to move more than 30 miles from out current location. All expenses would be shared equally. My question is: Is an agreement like this common, is it enforceable in court if she changes her mind and is there anything else I can do to protect myself and my other child? FYI Her income level has been about double mine. Any help would be greatly appreciated.
1 Answer from Attorneys
Re: Child custody agreement before the child is born
Hello. I suggests a Joint Parenting Agreement
which is what the courts in Illinois enforce in
the event of a divorce. In the event that you
got a divorce, child support for your second child
would be calculated, after the child support obligation for your first child is deducted from
your net income per month. I will be happy to
answer any additional questions that you might have.
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