Legal Question in Family Law in Illinois
I have a question regarding the custody of my daughter and furthermore; the child support that is automatically taken from my check each week. First of all, I (the father) have half of the custody, and my ex- wife has the other half. The child lives with her mother. My ex-wife just informed me that she would be "allowing" the child to live with me for a few months because she cannot take care of her and so that my daugter could continue with school. Even though my daughter will be living with me, my ex wife is still expecting her child support check. This has happened before where my daughter lives with me for 2 months and the mom hangs it over my head saying that if I were to cause any problems (like witholding the child support for those months), she would just take her back and I would go back to my weekend visitation only. She told me that she would be willing to sign an agreement stating that the child would be in my custody for a few months now. This is so frustrating because I feel that she is using my daughter for money. She also has 3 other children living with her but from previous relationships and honestly she shouldn't be taking care of anyone, even herself. Is there any way that I could use this agreement or situation against her and get residential custody of my daughter?
2 Answers from Attorneys
While you state, on one hand, that you have half custody, what it appears you have is joint custody with the child residing primarily with mother, absent short periods of time when your wife "allows11" you to have the child. If you want custody of your daughter you have to file and serve a petition seeking that relief. Unless and until you do that you will have to pay support, even though her daughter may live with you for a month or two. Do not trust your ex not to pursue the support you withhold when your daughter lives with you without benefit of a termination of support (never agree to an "abatement")
You have joint legal custody which has nothing to do with child support. Whoever is deemed the residential parent gets child support from the other , non-custodial parent. That is you in this case. Unfortunately, many men are upset that custodial mothers misuse child support money. There is almost nothing you can do about it.
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