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  • Illinois Child Support/Public Aid

    I have a few questions about Illinois CS. I guess my main question is, how is it calculated? My husband's ex is on state aid and they modify it every 3 years. The 3 years will be up next month and my husband is making quite a bit more that he was 3 years ago. He is currently only paying $224 a month. If it is 20% of his income no matter what, she will be getting almost $500 a month after the modification is complete. That will be taking a huge chunk of what we are used to living on. We all know that under normal circumstances, it does not cost $500 a month to support a child. She works as a waitress and makes very good money in tips; will they take her income into consideration at all in the calculation? My husband also works some overtime, but not all of the time. If the check stub that gets sent to the aid office has overtime on it, will they figure that into the CS? His overtime is not guaranteed and he does not work it all the time. So if they do take it, can we do something about it?

    Also, I have just a few questions about state aid. My husband's ex has a live in boyfriend that makes good money; but no way to prove it (paid under the table). If his income could be proven, would this make a difference in the aid she is receiving? Also, if on state aid, are you supposed to have a brand new car? The ex told us that she would going to buy a brand new van...I'll almost bet she does it when the CS goes up; so instead of supporting his child, my husband will be making her van payment.

  • #2
    how she spend the money is of no concern to you as long as the children are fed, housed and clothed. in order for mom to obtain financing of any sort she would have to prove income- when she wants to get a loan she is going to want to show that she makes as much money as possible- maybe try to subpoena her loan apps.
    http://www.gestaltmediation.com/

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    • #3
      Originally posted by Zephyr
      how she spend the money is of no concern to you as long as the children are fed, housed and clothed. in order for mom to obtain financing of any sort she would have to prove income- when she wants to get a loan she is going to want to show that she makes as much money as possible- maybe try to subpoena her loan apps.

      I know she can spend the money how ever she wants, but the fact is that she is ALWAYS saying the child needs clothes, shoes, etc. She spends the money on her first and then the child gets what's left.

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      • #4
        Originally posted by curious_IL
        I know she can spend the money how ever she wants, but the fact is that she is ALWAYS saying the child needs clothes, shoes, etc. She spends the money on her first and then the child gets what's left.
        does not matter...sorry but the courts won't listen to it either.....
        http://www.gestaltmediation.com/

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        • #5
          Originally posted by Zephyr
          does not matter...sorry but the courts won't listen to it either.....

          Yes, I know this. I was just venting at this part of my post. My main question was basically how CS is calculated. Will they figure in his overtime, even though it's not worked all the time? Will they use my income as a factor now that we are married? We were not married (did not even know each other) when CS was initially established. I also have a small sales business in addition to my FT job, will those be able to be used? I'm just worried how we are going to live the life we are accustomed to when we will be earning nearly $300 (or more, if they can use my income) a month less. The CS system needs a major overhaul and be fair to the NCP too.

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          • #6
            Your W-2, or separate maintainence or personal / business income can not be used to calcualate child support for his children. If he is part owner of the business, then that is different. Basically anything that he would be able to claim on an IRS form (married filing separately, whether he filed that way or not...just an example) is fair game.

            And on his overtime, etc. they will consider the last 12 months (I don't know if this varies) unless he can demonstrate with his current position that the overtime pay is somehow an anomaly and even then you (he) may just have to revisit the calculation down the road once he can show that his income has changed (dropped) significantly without deliberately remaining underemployed. For myself, I know the courts looked at my income the year I received a retirement bonus (payout), before leaving for a similar job at another company (and thus not under-employed). Once I showed that it was a one time payment, they threw it out of the equation.

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            • #7
              Thank you akbuyer for your response. That makes me feel a little better; his name is not on my business at all so she won't be able to get any of that, thank God. She is going to be getting enough of his paycheck as it is. It wouldn't bother me as much as it does, if she would use the money to support the child and not herself. What she didn't need for the necessitities, she could put in a savings account for her college, but that'll never happen. He is paying support, plus we are TRYING to put money away for her college. Guess I just have to live with her supporting herself with his money for the 14 years though.

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              • #8
                They will not consider her live in boyfriends income although when he goes to get re evaluated ask them if they can base her pay at a regular 40 hour week. most of the time they will consider that. also if you have children in the home with your husband they will consider that too.

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                • #9
                  Originally posted by mom26
                  They will not consider her live in boyfriends income although when he goes to get re evaluated ask them if they can base her pay at a regular 40 hour week. most of the time they will consider that. also if you have children in the home with your husband they will consider that too.
                  if they are the husbands children- not if they are from a prior relationship
                  http://www.gestaltmediation.com/

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