Legal Question in Family Law in Illinois
Motion to dismiss or modify child support
Hi. Can i file a motion to request that my child support agreement of 50/50 joint custody of child care that me and my ex agreed to be enforced.
Previously, i was ordered to pay child support of 20% of my income. Why should i when i am suppose to have 50% custody of my child but the mother has her all the time in violation of our agreement. I filed for contempt of court to no avail. The child is not abused i am told by the judge and the mom is the custodial parent. Of course she is the custodial parent if she refuses to abide by the agreement of joint custody, preventing me from normal and healthy bonding between me and my daughter. It's a revenge game by the the mother at the expense of our daughter.
Or can i motion to modify the monetary support and have it reduced. By the way i always get negative results from the family court judge at the daley center. Should i take my case to the supreme court of il. And is it possible to file myself. As a city worker, my last day of work is dec. 31 2008. Our department was a casualty of the mayor's 2009 budget cut. I can not afford and attorney. Just need fundamental advice and god's help. Please help if possible. Thank you
3 Answers from Attorneys
Re: Motion to dismiss or modify child support
A few things. Joint custody means that you both participate equally in decision making such as medical decisions, where the girl goes to school and if she can leave the state. The courts very rarely grant joint physical custody, where the child actually spends 50% of her time at each house (too disruptive to schooling etc.)
As for the 20%. Illinois basically has a hard and fast rule that parents pay 20% child support - there is little room for negotiation. If you are unemployed, then you can ask for some relief.
Re: Motion to dismiss or modify child support
Is the mother actually denying you the visitation you are entitled to as per the parenting agreement? Does the agreement actually say you are supposed to have the child 50% of the time? That is something you should be able to enforce if that is the case, however the other answerers are right that in Illinois a 50/50 arrangement almost never gets ordered. The noncustodial parent (or non primary custodian) is always going to have to pay 20% of their income to the primary custodial parent for child support regardless of how much parenting time you get, that is how the Illinois child support law works.
Re: Motion to dismiss or modify child support
Joint custody has nothing to do with visitation. It has to do with the right you have to know what is going on in your sons life and have a say in his medical, education, etc.
You are only entitled to the visitation so ordered by the court. Besides, hardly any court will give true 50/50 parenting time. Its not healthy for the child.
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