Legal Question in Family Law in Illinois

I am about to get a divorce and here in Illinois there is the option of joint custody. I am examinin that option but was worred about the custodial parent issue. My wife had the affair and wants to stay in the house but I'm afraid that since the kids and her might stay in the house, I'll be the non-custoidal parent and me forced to pay 28% of my paycheck for an affair that she had and caused this issue. Please advise.


Asked on 4/15/11, 9:11 am

1 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

He affair has nothing to do with your responsibility to pay support. It depend where the children will be living. If they are primarily with her, you will pay support. If they primarily live with you, she will have to pay support; if each of you has the children equally, you still may have to pay support. It depends on how much each of you earn.

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Answered on 4/16/11, 5:29 am


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