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Modifying Child Support Illinois

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  • Modifying Child Support Illinois

    I posted this is in the IL section but thought I would also post it here. Here is the situation:

    My husband has a 6 year-old daughter from his previous marriage. I am pregnant with our first child together.

    We would like for one parent to stay home with the baby and the logical choice would be him for a number of reasons: I make about $50K more than him annually, I have better insurance through my employer, I have a better pension plan through my employer, I'm younger and have more opportunity for advancement, and I've spent a lot of time and money on education to further my career.

    So my question is this: In Illinois, child support is determined as a flat 20% of income. So if he stops working, can we get child support lowered?

    In my opinion, the 20% of income system does not make nearly as much sense as other states that take the cost to support a child age x and then split that cost among the two parents based on their relative incomes. My husband's salary is fairly high (especially considering that we live in Central IL where the cost of living is low) and because of that he is paying over $20,000 per year in child support. Under this system, if the NCP's income is high enough, the CP has no duty to support the child and even stands to gain financially from having the child.

    Anyway, so I'm not suggesting that he would ask for child support to be eliminated. He recognizes that he has a duty to support his daughter and wants to do so. But it seems as though he should be able to pay a lower amount that would still provide adequately for her needs.

  • #2
    Originally posted by sls7 View Post
    I posted this is in the IL section but thought I would also post it here. Here is the situation:

    My husband has a 6 year-old daughter from his previous marriage. I am pregnant with our first child together.

    We would like for one parent to stay home with the baby and the logical choice would be him for a number of reasons: I make about $50K more than him annually, I have better insurance through my employer, I have a better pension plan through my employer, I'm younger and have more opportunity for advancement, and I've spent a lot of time and money on education to further my career.

    So my question is this: In Illinois, child support is determined as a flat 20% of income. So if he stops working, can we get child support lowered?

    In my opinion, the 20% of income system does not make nearly as much sense as other states that take the cost to support a child age x and then split that cost among the two parents based on their relative incomes. My husband's salary is fairly high (especially considering that we live in Central IL where the cost of living is low) and because of that he is paying over $20,000 per year in child support. Under this system, if the NCP's income is high enough, the CP has no duty to support the child and even stands to gain financially from having the child.

    Anyway, so I'm not suggesting that he would ask for child support to be eliminated. He recognizes that he has a duty to support his daughter and wants to do so. But it seems as though he should be able to pay a lower amount that would still provide adequately for her needs.
    There's no way that he'll get a reduction of CS- his unemployment will be VOLUNTARY. Courts NEVER reduce CS for a NCP who chooses to not work.

    I agree with you tho that the income shares states are more fair, but until your state amends it's laws, you are stuck with the 20% rule, sorry.

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    • #3
      Originally posted by sls7 View Post
      In my opinion, the 20% of income system does not make nearly as much sense as other states that take the cost to support a child age x and then split that cost among the two parents based on their relative incomes. My husband's salary is fairly high (especially considering that we live in Central IL where the cost of living is low) and because of that he is paying over $20,000 per year in child support. Under this system, if the NCP's income is high enough, the CP has no duty to support the child and even stands to gain financially from having the child.
      I posted on your Illinois thread as well..

      I understand your frustration, however, in Illinois, the courts take into consideration the type of lifestyle that the child would have if the parents did not divorce.

      If your husband and the former Mrs. had not divorced, then this child would be reaping the benefits of his ENTIRE salary, not just $20,000 of it. Based on that amount of CS, your husband is making more than $100,000 annually. For central Illinois, that is a FORTUNE. The child deserves to be raised in that manner despite the dissolution of her parent's marriage.

      The 20% rule is equally unfair if the NCP makes very little money. Then the CP is forced to pay WAY more than half the expenses.

      Here's some good info:

      http://www.divorcenet.com/states/illinois/ilart_10

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