Legal Question in Family Law in Illinois

My nephew's wife left him 10/2014. Has her own residence for over 6 months. She has now filed for divorce and wants child support. Prior to her filing an order of protection which included support the children were staying with him from Monday nite until Friday nite. The order of protection was for touching one of his daughters inappropriately, which was a lie and proven by DCS as unfounded. He works Sat, Sun, and Monday. So she has the minor children then. He wants to keep the visitation the same and no child support. Each parent pays their own housing expenses and they share other costs. What is his chances of this type of deal?

Asked on 1/29/16, 7:23 pm

1 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

It depends on their respective incomes. If he makes more than she does he may be ordered to pay a percentage of the income differential to her. Even if he were to have the majority of the parenting time, the law allows for a support order to the other parent.

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Answered on 1/30/16, 5:38 am

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