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-   -   What % of my income is maximum for child support? (https://www.askmehelpdesk.com/showthread.php?t=117581)

  • Aug 7, 2007, 08:29 PM
    mr_mike
    What % of my income is maximum for child support?
    I have an ex who has been a nightmare from hell. We have a child together and for about 6 months everything worked out well. She is now seeking to obtain the child support through the state of IL and the question I have to ask is this?

    First let me set somewhat of a senario. My ex-girlfriend and I (never married) have been broken up for about 6 months and we have agreed verbally on me paying the car, insurance, cell bill, and depositing money into an account we opened together to document support payments. Now 6 months later, she is telling me that she is going to use the state of IL to collect full payments and have them automatically withdrawn from my payroll. Now here are my questions.

    1. Is it necessary for support payments to be automatically withdrawn from my payroll if I am willing to pay voluntarily?
    2. Now that she is threatening to sue for this child support, is it wise to stop payment of any bills I now pay for her and take back my car? What my thing was is that I would provide them with a vehicle and assume financial responsibility, therefore those payments would essentially be part of the child support payment. So do I stop paying, take the car back, and make it so that she just receives the full support payment, and no other payments.
    3. What is the percentage of my income that I must pay for child support? Last when I spoke with a lawyer, he told me 20% for IL. She is telling me that her lawyer is saying 33% for abandonment reasoning, which I have no idea where she gets that from. Now when we broke up, it was a mutual thing and I left her mothers house, where I lived for 3 years.
    4. What are my rights as a father about her traveling with my son out of the state? She made me aware of it, but do I really have any say in it?

    Now I understand that any posts or responses to this question is NOT true legal advice. I have met with a lawyer and we have spoke about everything mentioned, but I am looking for more views and opinions from others who are knowledgeable in this area of law. Please any advice or statements will be researched and only intrigue my sense of curiousity as this law process proceeds. Any info is good info, but that doesn't mean its true.

    Thanks much.
    -MrMike
  • Aug 7, 2007, 10:24 PM
    jverner
    Quote:
    Originally Posted by mr_mike
    I have an ex who has been a nightmare from hell. We have a child together and for about 6 months everything worked out well. She is now seeking to obtain the child support through the state of IL and the question I have to ask is this?

    First let me set somewhat of a senario. My ex-girlfriend and I (never married) have been broken up for about 6 months and we have agreed verbally on me paying the car, insurance, cell bill, and depositing money into an account we opened together to document support payments. Now 6 months later, she is telling me that she is going to use the state of IL to collect full payments and have them automatically withdrawn from my payroll. Now here are my questions.

    1. Is it necessary for support payments to be automatically withdrawn from my payroll if I am willing to pay voluntarily?
    2. Now that she is threatening to sue for this child support, is it wise to stop payment of any bills I now pay for her and take back my car? What my thing was is that I would provide them with a vehicle and assume financial responsibility, therefore those payments would essentially be part of the child support payment. So do I stop paying, take the car back, and make it so that she just receives the full support payment, and no other payments.
    3. What is the percentage of my income that I must pay for child support? Last when I spoke with a lawyer, he told me 20% for IL. She is telling me that her lawyer is saying 33% for abandonment reasoning, which I have no idea where she gets that from. Now when we broke up, it was a mutual thing and I left her mothers house, where I lived for 3 years.
    4. What are my rights as a father about her traveling with my son out of the state? She made me aware of it, but do I really have any say in it?

    Now I understand that any posts or responses to this question is NOT true legal advice. I have met with a lawyer and we have spoke about everything mentioned, but I am looking for more views and opinions from others who are knowledgeable in this area of law. Please any advice or statements will be researched and only intrigue my sense of curiousity as this law process proceeds. Any info is good info, but that doesnt mean its true.

    Thanks much.
    -MrMike
    Income ceilings for child support are state-specific, as are all child support issues. Check on Illinois at The Child Support Web Child Support Enforcement Information & Resources
  • Aug 7, 2007, 10:46 PM
    macksmom
    1. Yes, regardless if you are willing to pay voluntarily, the amount of child support is decided by the court... and the safest way is to have is taken from your pay... FYI... in court, unless you have proof, she can say you haven't paid a dime and you will owe since the day the child was born... so I would dig up all the proof you may have to show you have been paying.

    2. If the bills are not in your name I would stop paying them. Especially if you think she is going to say you haven't paid her anything... and you end up oweing arrearage.

    3. 20% sounds about right... abandonment is only if you haven't seen the child or paid child support... if you are behind in child support they add on a percentage to your monthly payment to catch you up.

    4. She cannot take the child out of state without your written consent.

    Hope that helps :)
  • Aug 8, 2007, 01:24 AM
    GV70
    Quote:
    Originally Posted by mr_mike
    1. Is it necessary for support payments to be automatically withdrawn from my payroll if I am willing to pay voluntarily?
    No,it is not necessary if you pay voluntary all sums.
    Quote:
    Originally Posted by mr_mike
    2. Now that she is threatening to sue for this child support, is it wise to stop payment of any bills I now pay for her and take back my car? What my thing was is that I would provide them with a vehicle and assume financial responsibility, therefore those payments would essentially be part of the child support payment. So do I stop paying, take the car back, and make it so that she just receives the full support payment, and no other payments.
    Maybe... In my opinion you have to act quickly and come to an agreement with your X.Unfortunately/for men/ when the court awards child support it is possible the child support to be awarded retroactive in full amount notwithstanding what,when and where you have already paid.
    Quote:
    Originally Posted by mr_mike
    3. What is the percentage of my income that I must pay for child support? Last when I spoke with a lawyer, he told me 20% for IL. She is telling me that her lawyer is saying 33% for abandonment reasoning, which I have no idea where she gets that from. Now when we broke up, it was a mutual thing and I left her mothers house, where I lived for 3 years.
    Abandonment?? It sounds interesting... In Illinois if you have not seen the child OR if you have not paid support for 6 months it will be considered as abandonment.But I do not know a rule for 33% child support for one child.
    Quote:
    Originally Posted by mr_mike
    4. What are my rights as a father about her traveling with my son out of the state? She made me aware of it, but do I really have any say in it?
    That is the second point... It has to be decided in court

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