Ask Me Help Desk - Child Support

Hi, my husband has 2 kids from a previous marriage, we pay child support on time, which is 30% of my husbands net income. However his ex earns a lot more than he does and has a lot less financial responsibilities compared to us as she lives for free with her parents who take care of everything. We are in a lot of debt and could really do with the money that she gets. It is very frustrating as the kids have expensive new brand name shoes and clothes every time they visit and I have to put up with hand me downs from friends for my son. Does my husband have to keep paying knowing very well that the money pays for luxury for them where it could pay for necessities for us. How do we go about this? What does the law say? We live in Illinois. Thank you very much.

If the documented salaries of either or both parents has changed significantly either way since the divorce where the terms of child support originated, then it may be wise to repetition the court for an adjustment.

But do not count on her personal circumstances -- "she lives for free with her parents who take care of everything" or your personal circumstances -- "we are in a lot of debt" factoring in. It is just about salary and who is the primary caretaker that mostly dictates the terms.

30 percent of his pay for two children is about right,

State law normally has it as a percentage or as a set amount. If your husbands pay has been reduced greatly since the rulling he can request it to be changed.

And basically the law says he has to pay child support if he is not the custodial parent. And 30 percent is not an excessive amount. Many pay far higher percentage.

Yes, whatever your husband was ordered to pay, he must pay it. Usually child support amounts are based on income so your husband should be paying an amount compatible with his income. Has there been a drastic reduction in your husband's income due to circumstances beyond his control since the initial order was established? Does Illinois periodically hit him with automatic cost-of-living increases that are out of proportion to the corresponding increases in his income? If either of these is true then you might have a case for a reduction in the amount of child support paid. If not, then unfortunately you just have to go on paying.

Quote:

Originally Posted by nanar1975

Hi, my husband has 2 kids from a previous marriage, we pay child support on time, which is 30% of my husbands net income. However his ex earns a lot more than he does and has a lot less financial responsibilities compared to us as she lives for free with her parents who take care of everything. We are in a lot of debt and could really do with the money that she gets. It is very frustrating as the kids have expensive new brand name shoes and clothes every time they visit and I have to put up with hand me downs from friends for my son. Does my husband have to keep paying knowing very well that the money pays for luxury for them where it could pay for necessities for us. How do we go about this? What does the law say? We live in Illinois. Thank you very much.

I feel that it is still his responsibility to pay. You knew he had to pay this amount when you married him so now you have to share in the payments hey you married him. It shouldn't matter what she makes he still needs to do his share in supporting him. I am sure this woman spends more money on the children than he provides. If the shoe was on the other foot you wouldn't be complaining. Lady i can't believe you would want to lower child support because you feel that he pays too much for his kids i hope that you two do not share kids and he leaves you for a woman that thinks like you.

It can be contested that she makes more but she can also say she's supporting 2 kids and that's why she lives with her rent's I would ask around a attorney may do a free consult but we pay and we privde 71% of the support for one child who we don't even see or know because at the time our papers were done she didn't work so they figured in that if she worked min wage she would only earn $800 a month and now after getting the governemnt to pay for her schooling and such she makes twice what we do and we still pay the saem plus provide dental and medical. So be careful it can bite you in the butt she could quit her job just to spite him and then he would be paying more than he is now.