Legal Question in Family Law in Illinois

My husband of 13 years moved out of our apt almost 11 weeks ago. I found a job and can pay part of the bills, but he has control of the one checking account that his direct deposit is made to and has told me what bills he way pay. Which are our two boys school tuition, the car payment and the cell phones. He told me I'm responsible for the rent on the apt, the groceries, the electric, the cable, the phone...which is way more then he has to pay. And he makes more then I do. If I tell him to help pay for groceries he tells me he will only do it if we splint everything down the middle..which I couldn't afford. He has told me that he saw on a website that he has to only pay 25% of his monthly income for child support and he is doing that with the car, tuition and cell bills..so I don't deserve anythingg else. But, he's figuring this on the months he doesn't get extra checks.

I don't want a divorce I just want to know if what he is doing is right? And then I'll decide from there what I should do.

Thanks Dina


Asked on 10/05/09, 10:33 am

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

You need to contact a lawyer immediately whether you want a divorce or not. You husband is required to pay 28% of his net after tax income for the support of 2 minor children. His obligation is based on his net income from all sources so the extra checks have to be counted. He doesn't get to decide what bills that 28% is used to pay. He has to give you the money and you get to decide.

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Answered on 10/10/09, 11:56 am


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