Legal Question in Family Law in Illinois
Voluntary Child Support
My wife and I are seperated and living in different states. No paperwork has been filed for child support but I want to make voluntary child support payments and have a record that the payments have been made.
2 Answers from Attorneys
Re: Voluntary Child Support
If you are going to pay, pay by check. You will have proof of your payments then. You get no credit for cash payments and money orders are hard to trace.
My personal, professional opinion. See if the two of you can agree on a custody/visitation plan, have it written down and have a lawyer turn it into a Court Order in the state where the child lives. If she will not agree, bring her to court over custody/support. Even if the two of you informally agree to different, or more flexible, visitation, split couples need custody rules that they can fall back on when things are unpleasant.
Good luck.
Re: Voluntary Child Support
Following up on the response from attorney Andrew Casanave, I agree that all payments should be made by check. Furthermore write in the memo section of the check---CHILD SUPPORT. If your checking account is one that sends you back canceled checks then make sure you keep those so that you have proof that you made a payment and that the check was cashed. With every check you send I would also include a letter that states "enclosed please find a check which represents a child support payment for the month of ______. Keep a copy of the letter and attach the cancelled check to that letter. If your bank does not provide you with canceled checks perhaps you can request them. To some this may seem like an extra expense however it is best to have everything documented in case you need it.
The law in Illinois for child support is a percentage of your net income. Net income is defined as income from all sources minus certain deductions. If you have one child the percentage is 20%, for two its 28% and for three its 32%--if you have more then three you can find the percentages in the Illinois Statutes.