Illinois Child Support - Please HELP!

[heather2662]

Topic: Child Support

State: Illinois

Background:
Divorced 2003
BM has sole custody.
Husband has 2 minor children he still pays child support on. One is 17 and one is 15. The 17 yr old moved in with us last year (June – Oct) after getting into trouble (grades, drugs, boys) bad enough for BM to loosen the PAS death grip she has on her.

(Note:
Judge in DH and BM's divorce said they could work out child support payment if they can get along. The first CS went through the court and BM didn't like waiting so long to get it and for going on 3 years now, DH mails a check to her weekly with a photo copy of the check and his pay stub together.)

He had a lawyer doing all the paper work. The arrangement they agreed on was going to be that DH would get custody of 17 yr old and BM would retain custody of 15 yr old. That would mean child support cancels each other out. On top of that they would split 50/50 the cost of school clothes, the car insurance for the 19 yr old in college, all kinds of other extras - just to be able to get the 17 yr old to live with us so we could help her.
A couple $ grand later, and one signature from the judge away from being finalized, we found out that while she was at one of BM's weekend visitations, BM let her run free and she got pregnant. (she was suppose to be on 24 hr adult supervision.) At that point BM said the deal was off and pulled out the big guns on the kid and made her move back to BM's, along with the father of the child (boyfriend/fiancé).

Current situation:
The 17yr old gave birth about a month ago and has now moved in with us as of the 2nd week of June, with the boyfriend/fiancé and baby also.

We know that this is going to be another fight over money. Currently she believes that she should continue collecting child support for 17yr old while she lives with us.

She may or may not ask for support for 19yr old full time college student while she is home for summer.

What can be done? Figure out the child support from DH to BM and BM to DH and the difference will be paid to the parent with the lower income. He is just tired of being screwed by her all the time... paying support and then having to financially support the kids anyway because she claims to them that she is broke and they have to go without "basic life needs" things unless DH will buy it for them.

1. What are his options?

2. What are the different ways child support can be divided in this situation?

Thank you
Step Mom

[awakenlynn]

Our case is in IL too.  Nothing like yours though.  
1) she had a baby.  Go straight to court, get her off of BM's child support.  show proof of when she lived there and when she moved in.  Judge should grant the change as how you have the child.

2)  She has a  baby and boyfriend/fiance moved in too.  Make sure he has a job and get her emancipated.  It means she has chosen to make adult decisions, it is time you stopped paying for her.  My sister got pregnant at 17, she moved to IL and they tried to sue my parents for support.  They laughed.  At 16 in Il a child can move out of the house and support themselves.  The state cannot sue for support.

Get her to pay rent ($20 a week) show the judge that she is acting like an adult and you shouldn't have to pay support on that child.  Make sure there is something in writing between daughter and boyfriend in case they break it off.  Get a lease from him, tie him down to some support so you are not financially stretched too far.

Get 17 year old off of support. 19 year old, you should be helping(student loans) and where you can.  Keep 19 yr old the same.  As to the 15 yr old.  IL is 20% for one child unless you can show a financial reason why it should be lower, such as caring for the 17 yr old, her boyfriend and your grandchild(put on your medical insurance if you can-you can sometimes deduct the cost).  See what insurance the 17 year old has.  Put her on it.  Can usually deduct that too.  

Ex probably won't end up paying for the 17 year old, but your should get reduced by a child.

Hope it helps.

[glessen]

Step- mom to another step-mom.
Ours is in Illinois also.
I know my husband had the same thing when his son moved on with him and the daughter stayed with mom. I know the courts took both incomes and 20% and did it that way. Instead of my husband having to pay over a hundred dollars a week it went down to eighty something.

The 17 yr old. Is she in school? Because if she is not and you can prove that with school records of her dropping out, then CS has to drop her. For you must pay as long as she is in school. At least that is what we are told.

For your 19 yr. old.
My husband has a 22yr old in college. Mother could not help her in anyway. And since BM could not help well then by courts eyes we do not have to either, and we don't. For we only her from her when she needs money or her birthday money.

[VeronicaGia]

The age of majority in IL is 18, or up to age 19 if there is proof the child is still in high school - go here:  http://ocse.acf.hhs.gov/ext/irg/sps/report.cfm?State=IL&CFID=391264&CFTOKEN=8ca49a4230fbbbe9-D930579D-CAA7-319E-13FCE914B765D5A0

The 17 year old is not living on her own, with a job and supporting herself with no help from anyone, so trying to emancipate her before age 18 is a huge waste of time and money.  Emancipate her when she turns 18.

The 19 year old is emancipated, unless there is a court ordered agreement for support to continue for some other reason.

Therefore, modify the custody order of the 17 year old to try to lower the support for the 15 year old (does not always cancel each other out).  Keep in mind that once the 19 and 17 year olds are emancipated, the 15 year old will still be getting child support.

[leon clugston]

contrary to any state administrative law, or enterpretive law, (private law, forbidden by the constituiton, to be used against the public) the place of abode, where the child lives(actually lives) of the children is the legal custodian. As far as the moneys canceling each out, that isn't likely, unless you know how the true law and intent of the law with the regulations was meant and what it realy stands for, it will be hard to use this claim, but best of luck, for sometimes people get lucky. However so you know what you are against, the states are useing the excuss of suppoprt to gain revenues, and what they have done is misconstrued the intent, and use the person who makes more money in many cases the obligor, regaurdless rather or not they are the custodian or non custodian, Alaska, and New York are to prime examples.

In theory in a equal custody situation it should cancel each out, but even on the fedral side there is no makeings for this, which is a plus for then the states have no authority or regulations to rule otherwise, regulations is a big thing, for no agency( and yes courts are agencys) can not operate without regulations and cannot operate on statutes or administrative law alone.44.62.360 administrative procedures act.

[Genie]

In IL there is provisions for college.  And CS continuing is a very gray area.  So that will be up to the descretion of the judge.  However, if he is contributing to her college, I don't see him having to pay CS during the Summer Months.  But I'm not sure how this exactly works.

[heather2662]

***The 17 yr old. Is she in school?
Yes she is in school. This is her senior year.

***...records of her dropping out, then CS has to drop her.
He doesn't go trough the CS offices / the courts. (See original post under NOTE:)
It was writen into the divorce that they could work out CS arrangments together.

***And since BM could not help well then by courts eyes we do not have to either, and we don't.
Husband and BM split all college costs 50/50 after grants & funding, ect.
But he is also paying for 50% of her car insurence and last year durring school gave her @ $300 on a debit card for other expenses. Her pays for or gives her money for all kinds of things he dosen't "LEGALLY" have to. He dosen't want her to go with out or have it be a strain that she starts to do poorly in school. She was holding down a full time class schedule with 3 part time jobs, plus school activities. BM was pushing for her to get another job cause she b*tches about how she pays for 19yr olds cell phone.

[heather2662]

Husband and BM split all college costs 50/50 after grants & funding, ect.
But he is also paying for 50% of her car insurence and last year durring school gave her @ $300 on a debit card for other expenses. Her pays for or gives her money for all kinds of things he dosen't "LEGALLY" have to. He dosen't want her to go with out or have it be a strain that she starts to do poorly in school. She was holding down a full time class schedule with 3 part time jobs, plus school activities. BM was pushing for her to get another job cause she b*tches about how she pays for 19yr olds cell phone.

[heather2662]

UPDATE:

Looks like BM (so far is not looking for support for 19yr old.) But she wants to ignore the fact that DH has 17yr old, boyfriend/fiancé and baby living with us and wants the FULL 20% for the 15yr old.

She goes on and on about how she's been supporting the 17yr old, boyfriend/fiancé and baby and how they all cost so much to take care of. She wants to twist it all around and say poor me, look at all the hard ship... so I should get the full 20%.

UMM...
First off, the 17yr old got preg. durring her weekend visitation because she let her do whatever she wanted while she was grounded and suppose to be on 100% Adult supervision 24hrs a day.

Second, It was all her big plan to stop the custody change and make 17yr old move back in with her... then have the boyfriend/fiancé move in, giving her the entire basement to play house in. (Kitchen, bath, 2 berooms, & living room)

Third, the was born begining of May. They came to live here begining of June... WOW a whole month. Plus 17yr old is on the WIC program. (women, infants and children) They provide free food for the mother and formula and stuff for the baby.

Sorry that kind of became a little bit of me ventting... :)
It's just hard to deal with all the kids coming to us (on thier own) saying "We don't see any of the child support." And then to go on about how she is driving a new car, buying lots of diamond jewelry, maxing out credit cards, ect... and then say "Oh yea, but mom constantly complains how broke we are." She recently lied about having a tummy tuck and lipo by saying she was going in for massive heart surery. (we all know the truth, but she still thinks everyone believes her) The kids sometimes will joke saying she is using the CS to pay off her tuck/lipo.

It's always something...

[ocean]

Sounds like you do not have a specific amount for child support in the order so I would send her a certified letter that states what you think the number should be and why. Keep to the facts and make it as simple as possible. Then send that amount. Let her go to court and try to get it straightened out. I would think that you would not have any arrears because there is no set amount now. (although arrears can start on the date she files the papers). Is there a state caluculator that you can play around with the numbers and different senerios? Is this boyfriend paying anything for the baby? Does he have a job? I would her a support order for the baby in place. Good luck!