Legal Question in Family Law in Illinois
child support concerning each parent has custody of one child
I�m not sure how much information you need to give a reasonable answer to this question, so I�ll just put whatever info I think you need. My parents divorced when I was 7. My older brother who is now 18 and I, who am 17 live with my father who is not remarried. My younger brother who is 12 lives with my mother who is also not remarried. My father has not asked my mother for child support because she always just helped out. Since my brother turned 18, she has quit helping out my father with anything financial, which has posed a problem for us, because my dad is single and trying to raise 2 kids. My mother has a serious boyfriend of 4 years and is taking care of one child. My question is, because she makes much more money than my father, and my older brother is still living at home, am I intitled to receive child support, or would my younger brother and I just equal each other out? My older brother is not intitled to child support anymore because he is a legal adult, correct? My father believes that this is the case, but It seems like a raw deal to me.
1 Answer from Attorneys
Re: child support concerning each parent has custody of one child
I think it's great that you have taken the initiative to help your dad out so hats off to you! As far as the law, it depends. Firstly, your dad needs to look at the divorce papers and determine whether there was an agreement as to how long child support would last, etc. Child support does not necessarily stop when a child reaches 18. For example, if the child is still in school. Secondly, you do not cancel out based on your brother's age. Your father would still be entitled to child support for you. Now, if your father wishes he can always petition the court to modify the divorce agreement to reflect the current status of the parties. In other words, if your mom makes much more money than your dad, he can go to court and ask the judge to make your mom give him more money based on her wages. This is common. Tell your dad to look at his old paperwork. If he does not have it, he can always go to the court and ask them to get his file so he can examine it. He must be aware however that your mom's entire situation will be considered as well as his own and the court will determine the amount based on those facts.
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