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In Illinois in a 50 50 physical custody situation, do both parents have to live in the same school district?

Peoria, IL |

If the parents do not live in the same school district, does one of the parents have to be declared the primary custodial parent? If one is declared primary in a 50 50 physical custody arrangement, does the other spouse have to pay the statutory 28% child support for 2 children or is support still calculated as 28% from both parties, with the higher income earning spouse paying the lower earning spouse?

If both parents do not live in the same school district, does one spouse have to be declared the primary custodial parent for school enrollment purposes?

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Attorney answers 4

Posted

In Illinois we have sole custody and joint custody. We have no 50/50 custody. If you have joint custody the children live with the residential parent and that is where they go to school. The other parent pays child support. The difference is in joint custody the parents share decisions regarding the health, educational, and religious decisions of the children.. Discuss these issues with your lawyer.

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Gary L. Schlesinger

Gary L. Schlesinger

Posted

peggy, i think they mean equal parenting time. if so, it is better if they live in the same school district. if not, the document should say from whose house the kids will register for school. if the incomes are comparable, there should be no child support but a list of expenses to split. if one income is higher, then the child supports offset, one pays, and the list of expenses is divided equally. happens in lake county frequently.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

it is clear they do not understand these concepts and they need to discuss theses issues in pewrson with their lawyers.

Posted

Despite the way the current child support statute now reads, some judges and counties are going along with below-guideline child support in cases where the non-primary parent has significant parenting time.

Posted

Not necessarily.

Posted

First, there is no prohibition against sharing equal visitation time and the parents living in separate school districts. Yet, any order or agreement should state which party's residence should be deemed the residential household for school purposes ONLY.

As per child support, under the current law equal time does automatically mean no child support. However, equal time can be a basis for the court to accept or award neither party child support or to deviate from the statutory guidelines. Thus, if you both have equal parenting time, equally split child related expenses, and have COMPARABLE (not necessarily equal) earning capacities or income, then the court may decide to not award any support to either parent.

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Asker

Posted

In Peoria, will judges typically approve joint custody with equal visitation if the parties agree or are there cases where the parents wishes are overruled?