Legal Question in Family Law in Illinois

If divorce papers do not state a legal custodian parent and it is all "joint parenting", both parents make about equal amounts of money, and custody is split almost 50/50, does one still have to pay child support?


Asked on 3/13/13, 1:23 pm

2 Answers from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

If all you have said is true, then a judge would probably not order any support. But that assumes the fats you have presented - i.e. equal income, equal time

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Answered on 3/13/13, 1:29 pm
George Ellis The Ellis Law Firm

It seems that your divorce is not complete. If that is the case, you should simply include a provision in the proposed decree that neither party pay CS to the other. If you guys are handling the divorce pro se (i.e., on your own) and you've already filed the petition for dissolution, you should, upon your final hearing, request the judge add language to the decree specifying that neither party has to pay CS to the other. Hopefully this helps.

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Answered on 3/13/13, 2:07 pm


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