Action Alert~Illinois. We CAN make a difference...

[MYSONSDAD]

And not only are you correct on all of the above, you can also plan on turning over copies of your tax return every year so they can suck some more of your money in the name of CS.

Funny how they won't give you time when visitation is denied...

[TPK]

" It is a percentage of NCP's net
>income. Other states calculate at much higher amounts and even
>take new spouse's income into account"

Geez, net income is much better than the 17% of my GROSS income CS that I pay in NY. I have no problem paying CS, but sometimes it feels like spousal support too.

TPK

[MYSONSDAD]

Spousal support is factored in, just hidden.

Currently, I pay 24% net, close to 16-17% gross.

What also should be factored in is, who does the majority of driving? Who supplies Health Insurance? My ex does nothing in regard to supplying our childs needs. She is unable to comprehend weather conditions. Our son will be dressed properly in my care. I supply clothing appropriately. And it is never returned. Another, out of pocket expense.

"Children learn what they live"

[Genie]

b/c compared to other states it is much fairer.  Of course if you make more you pay more.  And unfortunately there is no accountability to how the money is used. Believe me, we have gone through that. Had to buy clothes and shoes for SKs many times b/c she wasn't using the money for them but to support herself and boyfriend who didn't work regularly.  But how do you actually account for it?  When we were in court one time both DH and ex had to do a financial statement.  She basically stated she spends X amount on clothes and school and stuff a month when we knew that wasn't true. But she made it look like the CS was being used for the kids for the judge.  How do you prove otherwise? I do know there is one state (can't remember which one) that does have some sort of accountability law but I don't know if it actually is used and works well.

As for college I totally believe the child should have to maintain a certain GPA (at least a C) to continue getting school paid for etc.  But I'm not all that familiar with college b/c my SD opted not to go and my SS probably won't go unless he gets his act together before he starts HS in the Fall.

As for CS, my DH has been in court in the last several months for CS reasons and never once has my income been asked about or taken into consideration.  In fact I was recently reading through divorce and CS law in IL and didn't see anything in it on spouses income added.  Where did you see this or read this?  Can you give me some links to look at b/c CSE sure hasn't asked about me.

I know every case is different. I believe $1100 for 1 child is too much too but how do they cap it?  Should states say you get XX amount for 1 child, X amount for 2 children etc etc?  The logic is supposed to be that the child living the same standard as if they were still married. Unfortunately it is the ex that thinks she should be living the same standard instead and takes from the child to get what they want.  Wish I had the answers on how to make better. I don't think any state with all the different ways to calculate CS that is out there has figured this out yet.

[Genie]

I believe I know what you are talking about with this one.

The spouses income isn't used with CS calculations but when figuring out who pays what percentage or amount for college, they do look at the parent's and spouse's incomes on both sides.  Unfortunately with the big difference in income on your side compared to ex's, I'm sure you guys are basically footing the bill.  

[Hazel]

Genie, I appreciate your dialogue on this matter.  :)  I'm very glad to hear that your income has never been considered, and I hope it stays that way.  Here's a link with some info:

http://www.divorcenet.com/states/illinois/ilart_10

Look carefully at paragraphs 4 and 6.

The issue I have with Illinois is that if the NCP makes a lot of money, as my DH admittedly does, then the CP gets off without having to contribute one thin dime.  Honestly, having this kind of money rolling in has changed her and has made her totally blood thirsty for more...

There are lots and lots of ways to calculate the actual cost of raising children, but our lovely legislature won't do that because it's too much work... Far easier (read "lazy") to say "20%, no exceptions!" and slam the gavel down.  DH and I have 4 children of our own, and I could tell you almost to the penny what I spend on them each month.  I personally think that child support should be limited to $500.00 for one child.  Assuming the CP contributes something, then any child could be WELL cared for on that kind of money.

The thing with other states is that most of them consider the CP's income rather than just the NCP's.  I calculated our CS burden using North Carolina's method (just to see), and it came out that with all things being equal, we'd be paying $500.00 less per month in North Carolina...  That's nearly half as much as we're paying now!!  So I do think there are other states that have it more together than Illinois.

Typically, the incomes of the bio parents aren't so far apart as ours are... If the CP makes a salary that's even in the same ballpark as the NCP, then it could be assumed that both parents are contributing to the support of the child.  But in our case, we've paid the entire bill for many years, and that has a tendency to make a person bitter and angry.  And to add insult to injury, Illinois statutes repeatedly state that BOTH parents are responsible for providing financial support for the child, yet in our case that just isn't so and nobody even wants to hear about it.

And now... even though we've already paid much more than our fair share, they still won't remove their claws from our behinds... No matter how much we pay or have paid, it will never be enough... :(

[Davy]

I have really been trying hard to bite my tongue concerning this thread.
IL is known amongst reasonably thinking people as one of the most politically corrupt and the largest welfare states in the nation.  Even Abraham Lincoln spoke of the governments favortism toward obnoxious women (in so many words).  The IL CS issues are the tip of the iceberg when considering all the social issues but most blatantly a corrupted judiciary.  

I have to ask.  What is the legislative reasoning behind CS payments awarded to a divorced parent of a college student but not to college students from intact families ??

As I recall, the original IL CS bill passed as a rider to a Public Aid bill submitted on the night of the last session before a Christmas break with little discussion.  It was based on a percentage of gross income (?) and the number of children ... 21% for 1 child, 23% for 2, and 25% for 3 or more.  

[Genie]

that is why my 2nd post stated they can take it into consideration for college expenses.

Have you actually ever heard of anyone that had spouse's figured for a minor's CS figure?  Has this happened to you?

I always have said that if they try to take my income for CS, I will file for Separation and be done with that!!! It isn't my job to support DH's kids - it is his job to do that.  

I'm not very familiar with the whole college/continued CS issue b/c I haven't lived it yet. I hope you get this figured out soon. How old is the child in your case and how long has he been going to college? How much longer do you think he will be going for?

As for the ex, well the thought of her losing that money and her having to actually get a better paying job or another to support herself is just horrible. I mean that is $1100 she will be losing. That is alot of money. She wouldn't be able to pay her bills on $20K. Poor poor victim ex wife.  

Believe me I know what you are talking about here. And totally agree that $500 is more than enough to spend on a child per month. I don't even spend that much on my daughter including day care.  But day care is usually considered separate issue.

Hope this ends for you soon.  Hopefully she won't be having him drag out his degree just so she can keep that money.

[Genie]

20%, 27% and 32%.  And I have heard what you are saying about IL before but never experienced it myself.  

I don't agee that a child of divorce should be given this right to college paid by parents when intact parents can decide to not contribute a dime if they choose.  But I know there are many other states that do the same exact thing.  

I guess I consider IL fairer than some others b/c all I hear about is how horrible California and New York are for CS figuring ect.  And I have always thought my DH's amount for 2 children was very fair and adequate. However I wouldn't feel that way if he was paying $1100 for 1 child as Hazel's DH is.  We are too different situations. And your situation is very different than mine has been too.  That is why you have different feelings on it.

[Davy]

OK.  Just isolating the discussion to IL CS then please explain why three darling kids would receive ZERO CS from their high income parents.

Let me give you a hint.  An IL State District court ignored a Federal court order.  They refused the rulings of the IL appelate and supremes.  A court continued despite a recusal.  That is just for starters.    

The last written communication (a Class B Felony warrant) I had from IL started out with "you did, against the peace and dignity of the people of the state of Illinois".   That document made for good refrigertor material for a while ...later (years) I discovered there had been a hearing and those peaceful and dignified people of the state of Illinois won and the political hacks lost.  

PS ...in Tx judges used to increase CS payments just for filing a motion for denial of visitation....some of that stopped when an IL father shot up a Tx court room and when .... or never mind