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Do a person pay child support if they have 50/50 custody?

East Moline, IL |

I should find out if I will be getting 50/50 custody of my 2 children. My ex emailed me saying that even if I do I will still have to pay child support to her and I was wondering if that is true or not? Both my self and my ex wife are full time college students. I thought that if two parents had shared 50/50 custody that their was no child support. She actually makes more a month than I do right now and it has been that way for about a year. I also have 2 children with my current wife. So even if I would be supporting 4 children would the court order me to pay my ex child support. I didn't ask for 50/50 custody to get out of child support I did so because I wanted to be able to send more time with our children.

I find out this week if I get the 50/50 custody from the GAL assigned to the case, my ex and I have been divorce for 3 years. The judge said he was going to order whatever the GAL recomends. I asked for 50/50 custody, the GAL said I would recieve the report the middle of this week then I have to set the court date for his recomendations to be made to the judge.

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Attorney answers 2


I'm hesitant to answer this unless I had a full case history in front of me. I'm guessing there's a temporary order in place for child support? If so, it'll be overridden by the final order - however the interim orders often provide guidance for the court.

Child support can be modified at any time so long as YOU can prove a substantial change of circumstances. Rock Island County caselaw (And the 2nd district as a whole) will control what is "Substantial change," but generally items like 1) Employment, 2) lack thereof, 3) Sudden windfall of cash like the lotto, 4) re-marriage, etc usually count. Expect a barroom brawl from opposing counsel when you attempt to lessen/eliminate your support obligations.

Bottomline, if you feel you're getting taken to the cleaners, get a reputable family law attorney on board before you find yourself living in a van, down by the river.


Correction (For those nicky-picky Illinois Lawyers), RIC is in the 3rd District, not 2nd