Legal Question in Family Law in Illinois

Live in Illinois

If you have one child from a previous relationship and you have full custody of him and receive no child support for them. (And youre okay with that. Its been decided long ago.....just telling you so you know).

And then you get married and have two more children.

And then you dvorce and you do the everyother weekend thing and one day a week thing with those two children. (Joint custody w the mother being the primary home & you pay child support)

That's background, here is question...

So if you have three kids. One lives with you full time. (No the exwife never adopted him nor has vusitatiin with him nor wants it - again just being clear you have sole custody)

and the other two from your recent divorce lives with their mom. When calculating child support it says 28% for 2 kids

Will the fact I have 3 kids be factored into what I will pay for child support.

Would it be 28% to her

Or would it be 30% split 3 ways making it so I pay her 20% instead of 28%

Just need some general legal info on how that works.

Yes I know a judge can decide and all about how their lifestyle is factored in previous to divorce.... and that's not what I'm wondering, regardless what amount is decided will it be split with the child you have full time in tour home... to where you dont pay a entire 28% for the two you pay child support for (bc that kinda seems like its robbimg from the child you have living with you)

PLEASE PLEASE PLEASE give me some general advice on different avenues it could go and how it could work... I really need to know an idea of what I'm looking at...and getting an attorney is not poss at this time.... so please... give me an answer I can use as tool (as starting point) for me to then research and fig out. Of course I hope to fund legal help but I can't right now and need to know .

Thanks....

Gid bless


Asked on 1/12/14, 9:14 pm

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

The law only allows a deduction for a court order. The fact that you may have one child is not a legal deduction. The order would be 28%. It also depends on who is the youngest. If the youngest is the child in your custody, no reduction is probable. If that child is the oldest, you have an argument of a reduction from guidelines because of that child, but it depends on your argument and the judge. There is no specific rule in your favor.

Read more
Answered on 1/13/14, 4:11 am


Related Questions & Answers

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