Legal Question in Family Law in Illinois

Child Support -Confusing Case

Jim and I were married in 1999, and had 3 kids in 2000, 2002, and 2006. Oldest has Autism. He fathered a child in 1995 with first wife, who divorced him in 1998. He left me (2006) and filed for divorce (2007) and again lives with former wife and child. Support Order for first child still in place, based on 2006 income, which was $48,000.00. He refuses to discontinue it and I was told that even though they live together, they are not married, so has no bearing on Support. Subpoened bank statements show them co-mingled. He pays $151.00 per week support for 1st born to her and 166.00 per week support to me for our 3 kids. He purports to be subject to a ''rolling layoff'' every three weeks and is taking me back to court to get support lowered. But he is not doing a thing about the 2006 Support Order, which pays his ex wife and current live in girlfriend based on that high income! He laughed and told me that he is not compelled to take her back to court to get hers lowered. Am I really stuck getting our 32% based on part time work AFTER she gets her 20% based on fulltime work and a 3 year old W-2? Don't they have to be figured on same financial information? Any help desperately needed. Thank you.


Asked on 3/28/09, 2:33 pm

1 Answer from Attorneys
John Steele Steele Law Firm

Re: Child Support -Confusing Case

You need to go to court and have this all heard before a judge. Will he fight it? Sure. But I think you have a good argument that he is trying to screw you over and cheat the intent of child support. Especially given the number if children involved.I would also file a motion to have extra withholding for the autistic child's care. 32% is simple a base guideline, and is subject to modification. Please let me know if you have any additional questions. Good luck.

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Answered on 3/28/09, 6:20 pm


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