can no payment of child support be negotiated in settlement?

[athlete499]

I live in Illinois.  My wife is divorcing me now that I put her through medical school and she is about to start making $300,000 a year.   I don't make a great income.   I don't want to pay child support for obvious reasons.   We are approaching a settlment, and I am about to be a little more agreeable with some things if I can say "o.k., i will agree to that as long as I am not required to pay child support".   then we can get this thing settled and that would be good.   can a child support right be waived?   even if my wife wanted to agree to my terms, can she?

[Momfortwo]

Child support in Illinois cannot be waived.  Regardless  of how much your stbx makes, you are still obligated to help financially support your child(ren). 

[athlete499]

that is the stupidest thing I ever heard.  then that is true that the law in Illinois is a dinosaur.  I will help my children financially regardless, especially when they are with me I will feed and clothe them.   

Just ex will abuse privelege and surplus money, that is my concern.   how ridiculous.

[MomofTwo]

No, what is ridiculous is that because Mom will make a good salary that you think you aren't responsible for also supporting YOUR children.  She didn't make them herself and she shouldn't have to be responsible for supporting them herself.    Even if she agreed to that, at any time she could petition the courts for support.   

[athlete499]

You are way off and did not read my post clearly, or you are a little slow.  I am very willing to support my children, when I am with them I will buy whatever they need, as I already have been doing.   What I do already includes paying exorbitant child support, plus school supply shopping and clothes shopping and signing them up for their activites. 

What I am against is the dinosaur system in Illinois that hasn't been changed in 30 years and I am against giving money to an unstable woman who will probably use my own money against me for legal fees in the future as I see so common, especially in typical cases of abusing the system with false allegations.   I will have custody of my children and my ex wouldn't have to pay me a dime.   But I want this settled.  So if I pay their heathcare, co pays, but them things they need for school, and sign them up for activities, all of which I am doing now, then what else is there?    Pay "child support" so the ex can buy a new car or take out her boyfriends for dinner?

[ocean]

How often will you have them? If you agree to a 50/50 split then maybe.... BUT she can always ask to change it later on so be careful. I would negotiate other things...like she will pay medical and out of pocket expenses, activities.

Once again though...it goes by percentage of salary, even if it is 90/10 you...you would be responsible of 10% of activities, medical not covered, child care....In my state it is 17% of your salary for one child regardless of income....The only way it gets lowered if you have them for more OVERNIGHTS (days do not count) then she does or equal to that.

Remember child support is to help with their living expenses at their primary home, clothes, and essentials. Then you can do more or get them extras just like she can.

[MixedBag]

Unless there's case law in IL, I would lean towards YES it can be negotiated away.

Particularly since your income ratio is not even close to 50/50.

You need to learn how your state has handled it in the past -- because surely you're not the first parent going through this.

[MrCustodyCoach]

Illinois Child Support Guidelines are some of the most rapacious in the nation and their notion that "child support is the right of the child" is self-serving and a load of bunk.

Welcome to the intrusion of government into your lives.  Apparently, Illinois state law knows what's best for the children... moreso than the parents in question, obviously.

It's obscene that the state would take a rather sizable chunk of the lesser earnings' net income to send child support to a household making $300,000... but then, that's how the state gets their Federal matching dollars through Title IV-d.

If you did, indeed, put her through medical school, you should file for alimony (which I despise, too).  But in Illinois, the state doesn't allow the parents to make decisions that they feel is best for the kids.  You're simply no longer the child's main parents.  The state is.