Legal Question in Family Law in Illinois

My husband and his ex wife share joint custody of their two children with her listed in the paperwork as the parent providing the residence. My stepson, now 16, moved into our home in December. My husband still has 28% of his check being taken automatically for child support. He tries to discuss child support with her, but she refuses. In our minds eye, considering the fact that she has one child living in her home and we have one child living in our home, shouldn't the child support wash? If not, and we have to continue to pay for the one child, shouldn't she be ordered to pay him child support for the child residing with us?


Asked on 1/23/14, 12:11 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Shouldn't you make a motion to change the possession of the 16 year old. But if your husband has joint custody, there is a mediation provision in his judgment. He has to ask to mediate the issue of possession of the child and the payment of support. He should do that in writing with a time limit for her to respond. If and when she does not, then a motion to modify the residential placement of the boy and a modification of the support should be filed. Then the issue of what, if anything, he should be paying will be dealt with.

Read more
Answered on 1/23/14, 12:28 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois