Legal Question in Family Law in Illinois

I need to know what is the protocol for division of child support in Illinois. We have a four month old, and my fiance has a six year old from a previous relationship. He just started paying child support for his older daughter. However, our daughter was not taken in to regard at all, even though she listed as a dependent. In fact, the judge didn't even glance at that paperwork at all. I want to file for support and I would like to know how it would be divided if I did.


Asked on 6/28/12, 5:00 pm

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

As the second child, your child is also entitled to child support based upon 20% of your fiance's net income. However the second 20% will be figured after the first 20% has been deducted giving you somewhere around 15-16 % of your boyfriend's net.

The Judge in the first case had no authority at that time to provide for your child. He can only deal with the Petitions in front of him. You have to file a new case for your child.

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Answered on 6/28/12, 5:27 pm


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