Legal Question in Family Law in Illinois

Child support, poverty level, and visitation

Child support is a matter for a court to decide. Although the statutory child support guideline (20% of net income for one child) is applied in almost all cases, it is not mandatory. A court may deviate from the guidelines for many reasons including �the financial resources and needs of the non-custodial parent.�

Whether a non-custodial parent should contribute to childcare expenses is also a matter to be decided by a court. It also is not mandatory.

If you had your child support and contribution to daycare decided when your circumstances were substantially better than they are now, you can return to court to seek a modification of support. If things were the same then (when support was set in court) as they are now, you lack a basis to seek modification.

With regard to your ex-husband�s �stipulation� that you must maintain a two-bedroom home for overnight visitation, you need not do so unless a court has required it. You should seek a schedule of visitation from the court. If your ex denies you court-ordered visitation, you can seek help from the court for enforcement. It is an expedited court procedure. If his denial of visitation is deemed to be vexatious and constitutes harassment, he would be responsible for payment of your attorneys fees.