Legal Question in Family Law in Illinois

CHILD SUPPORT REDUCTION ?

My ex-wife and I have joint custody of our 7 year old son. I now have visitation with him every other weekend and 2 days a week (about 30%). My ex-wife and I have agreed to joint physical custody, so my son will by with me 50% of the time and with his mom 50% of the time. I make a about $25,000 a year more than she does because she is re-married and can afford to work only 1 or 2 days a week. Will I still have to pay child support to my ex-wife? If so, what kind of a reduction can I get?

With joint physical custody, I will be providing more than 50% of the financial support for my son. Will I need his mother's consent to claim him as a dependent on my tax return? I'd appreciate any advice you can give me because I want to avoid litigation as much as possible. Thank you.


Asked on 5/11/00, 5:32 pm

1 Answer from Attorneys
Zedrick Braden III

Re: CHILD SUPPORT REDUCTION ?

Hello. Yes, you will have

to continue to pay child

support, but you probably

can get the court to enter

an order allowing you to

take the tax credit because

of the 50% category. There

is really no joint custody

concept; joint parenting

is the order of the day

and that is why child support

continues due to the fact

that one party is designated

as the custodial parent. I

hope I have been helpful.

Good luck.

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Answered on 7/03/00, 1:37 am


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