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Author Topic: Settle or go to court?  (Read 1362 times)

pax

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Settle or go to court?
« on: Oct 04, 2004, 09:43:33 AM »
State: IL
# of children: 1
Parents never married
BM has no other children & has same net as Father.
Father has other [younger] children & is not seeking visitation.

BM req'd: 20% net; 1/2 medical, 1/2 daycare, 1/2 cost of DNA test,  retro back to date of child's birth & her atty fees. Father argued that would increase BMs monthly net to higher than his, judge disagreed stating he is married & has benefit of 2 incomes while BM only has one. Judge recommended all of what BM req'd except atty fees & gave 30 days to settle.

The judge at pretrial will be the same who presides if this goes to trial. Does it make sense to let this go to trial? Will younger children have a significant impact on the 20% of net that judge recommended?


socrateaser

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RE: Settle or go to court?
« Reply #1 on: Oct 04, 2004, 10:48:02 AM »
>The judge at pretrial will be the same who presides if this
>goes to trial. Does it make sense to let this go to trial?
>Will younger children have a significant impact on the 20% of
>net that judge recommended?

Evidently IL law permits the court to consider new spouse income, whereas CA, for example, does not.

Unless there is case law that supports an argument that the new spouse income should not be considered, then you will either have to settle, or...

GET A DIVORCE! If you file for divorce, and then stipulate to a settlement of all your issues, then the court can't consider your new spouse's income, because YOU DON'T HAVE IT ANYMORE.

Of course, you'll need to live apart, or at least "appear" to be living apart.

All's fair in love and war.

pax

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RE: Settle or go to court?
« Reply #2 on: Oct 04, 2004, 11:06:10 AM »
All due respect, you're kidding, right?

socrateaser

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RE: Settle or go to court?
« Reply #3 on: Oct 04, 2004, 03:29:43 PM »
>All due respect, you're kidding, right?

Well, maybe a little, to the extent that I cannot advise you to fake living apart from your current family in order to obtain sufficient grounds to bring this issue to trial, because that would be a fraud upon the court.

However, you are faced with a State law, which either by design or by inadvertance, injures your present family unit to the benefit of a prior one. You have asked me for a legal analysis of your options. Your judge is using your new spouse's income to force you to pay more child support. This is effectively the same as ordering your new spouse to support a child for which she has no legal responsibility. The obvious method for avoiding this absurd legal duty is to not have a new spouse.

What I am describing is certainly difficult to swallow. But, it is a lawful option that you can exercise prior to trying this matter, and it would provide you with the necessary leverage to possibly negotiate a better outcome than the one you are now confronted with.

So, my advice is unchanged. Settle, or divorce. Wish it were otherwise.

mango

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RE: one more option
« Reply #4 on: Oct 06, 2004, 11:30:00 AM »
Your wife can quit her job and stay home. No income from her can be calculated then.


socrateaser

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RE: one more option
« Reply #5 on: Oct 06, 2004, 12:29:34 PM »
>Your wife can quit her job and stay home. No income from her
>can be calculated then.

True...I ever thought of that! This law is absurd -- the IL Legislature should be ashamed.

 

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