Does outstanding debt come into play when calculating child support? I pay 28% per Illinois law. I was left with thousands of dollars of marital debt. I would like to look for a better paying job or pick up a second job to pay down the debt. My co...
Here's how support is SUPPOSED to work:
1 figure out your total gross income from all souces (including side jobs, etc)
2. subtract properly-calculated allowable deductions (taxes, mandatory retirement contributions, unoin dues, etc -- they're spelled out in the law).
3). multiply by the percentage guideline (in your case, 28%)
4. argue for a deviation from that result because you have so much debt to pay off.
Here's your problem: Once support is set, you may seek a modification only if there has been a change in circumstances since the last order that was entered. In your case, it sounds like you had the chance to argue for a deviation, but forgot to do that. Now, you have a support order and there has been no change in circumstances . . . except that you've changed your mind about how much support you feel you can pay.
I suspect you didn't have an attorney when the last order was entered.
The thing to do is hire an attorney and try to figure out a "change in circumstances" that will support a petition to modify. The links below, will help.See question
I have been paying child support for my child ever since he was born 2.5 years ago. I paid with checks so there is written proof of it. Now the mother is taking me to court for child support and tryig to get me to pay retroactive child support fro...
Yup, you sure do. Be sure to work with a lawyer because the credit you seek is not guaranteed -- you'll have to plead it and present it the right way. The link, below, will help.See question
Noncustodial parents are looked on as deadbeats by society, however, I have been doing and paying CS from the start and spending time with the child. That being said, I got a job in February 2015 and my boss has stressed me out to the point that I...
Get a different job to get away from your bullying boss.See question
I am not getting and support regularly from him, so money is an issue. I would prefer that I have full custody, but am not sure how costly of a battle it would be.
You mean "sole custody." On these facts, these cases are rarely costly because neither you nor he can afford the fight. You need to work with an attorney, however. The links, below, will help.See question
I live in il. My h sent papers in mail. I was not served does it count. If I am served what happens if I don't respond. It is for irrenciable diff. He left me and the kids. But sends his checks. . Is this abandonment?
You need to pay attention to this. You're in a position where he sends you enough money to keep you and the kids alive, but not enough that you feel you can consult with a lawyer. The fact is that there is enough information here to to be able to afford to work with an attorney, In fact, you really can't afford NOT to. The link, below, will help.See question
About a year ago I had my parents take me to court for grandparent visitation. I had no counsel at the time and have an order of visitation every other Sunday. My daughter was 12 now 13 and there were several times that she did not want to go and ...
I don't know what youv'e read, but the court CAN "force overnight visitation in Illinois."
You also say that "visitation should only be ordered if the children will be physically or mentally harmed . . . " Tat doesn't make sense. If visitation would mentally or physically harm the children, then visitation wouldn't be ordered, it would be restricted.
You obviously need an attorney. You (and your kids) wouldn't face these circumstances, now, if you had hired an attorney the first time around. Call a lawyer. The link, below, will help.See question
Tomorrow is their visitation weekend and i am apprehensive about handing over the children as non-custodial parent has a record of locking them self in bedroom majority of the day and telling the girls under 10 years old to play outside for hours...
Yes, there IS something you can do about this situation. You need to hire an attorney to stop the visitation until appropriate safeguards can be put in place to keep your girls safe. Hire an attorney, immediately, Your girls deserve it. The links below, will help.See question
The absent parent has seen the child once since birth for a total of 1 hour and otherwise has made no effort to see the child. I am understand the absent person is the child's parent as well, but it does not change that the baby is unfamiliar with...
If the absent parent "has made no effort to see the child," why are you asking about an appropriate visitation schedule. You cannot force visitation on a parent who does not want it. Why would you want to do that to your child..See question
Father filed case in April 2015. I never was served with the petition papers telling me to file an appearance. Around May 8 2015 the father sent me a paper in the mail that says an Alias summons needs to be issued and to be continued to June 2nd. ...
If you were never served and never appeared, you should be able to now appear and vacate everything. I suspect you're missing something, here, as you say you've been following the order. You're in over your head. You've come to the point where you need to hire a lawyer.See question
I've been my daughters sole provider since birth. He paid rent/utilities and food but didnt help in the day to day care of her. Now, I found out my boyfriend of 9 years and father of my 2 year old has been cheating, hiding finances (over $300,000)...
You can file, in Illinois, today. You should file today. You need to hire a lawyer.See question