An awful law on Illinois child support

An awful law on Illinois child support

 

 

 

 

 

I don’t believe in the term “father’s rights.”  I also don’t believe in the term “mother’s rights.”  In my opinion they are just marketing words designed to prey on the fears of scared people in vulnerable situations.

That said, there are laws that are ridiculous and hurt both fathers and mothers that have to pay child support to an ex.

At the top of this list is a law that does not take in to consideration your financial or family situation if you have to pay child support.  In other words, let’s say you make $500 a week after taxes.  If you have one child, you will pay $100 a week for child support.  If they are in day care you will pay half of that amount.  So let’s assume that’s another $100 a week.  That leaves you with $300.

If you have other kids and can’t afford rent, food, etc for them, that does not matter.  In other words, those kids could end up homeless or living in terrible conditions and the harm they suffer will not be considered by a Judge at all.  Child support is what it is; you have to pay it and whatever the collateral damage is does not typically matter.

Beyond that, let’s say this same person has an ex who is now married to a millionaire or made herself in to a millionaire and has no financial needs.  The amount you’d have to pay for child support would not change one bit, even if your life or that of your family is ruined and even if the money you contribute makes no real difference in the life of the child you two share together.

I get disgusted whenever I hear of a parent that ignores the needs of their kids and I am in no way advocating that anyone skirt their parental responsibilities.  In fact, too many people do this already with child support by working cash jobs.

But the problem with the law is that it doesn’t allow Judges to judge a situation.  Illinois child support law treats almost every situation the same without giving a Judge to look at the unique individual circumstances everyone is facing.

Every case and every life is different.  There is no reason that if you have three kids living with you that their lives should not be taken in to consideration when it comes to determining what you pay for child support.  If you bring a kid in this world you need to be responsible for them.  But that should include EVERY kid, not just the ones that are a part of a court process.

 

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  • I don't fully agree with you on this. Assuming that your example is the father paying child support to the ex-wife who has the children living with her full time. Now this guy decides to have more kids. Why should the original kids get the shaft. If you can't provide for your original kids and take care of your self you have no business knocking up someone else. There are too many moms who get screwed. I know this works both ways and there are always different factors. Make it perfectly clear that you have children and that is your first and foremost responsibility and then if #2 still wants to hang around fine. Don't have more if you will screw the others. It's just not fair.

  • In reply to mixemup:

    What's fair to the parents is secondary to what's fair to the kids. What Michael is talking about are the kids not involved in a specific case. If pops has baby A, whose mother has taken him to court and gotten 1/3 of his money, then he has baby B and can't afford to put food not he table, why should baby B suffer because of the existence of baby A and/or the irresponsibility of his parents?

    It's not fair.

  • My point is there should not be baby B. First children are the priority. If you cannot afford them keep it in your pants.
    Baby A didn't ask to become the cast off at some point when the first relationship fails. Why should they become victim to the "replacement family".

  • you are so right ms k. ,if hot hips can't properly take care of family #1 then he should think long and hard about bringing more into the mix.
    we are not saying,mr.h. that all kids should not be taken care of, only that you are able to support all your children no matter which order they arrive in.

  • In reply to mixemup:

    I am what one person phrased as the "replacement family." I don't care which child came first, all children have the right to a good life and should be well taken care of. I agree the fathers should take care of his first child from the "fallen relationship" but if he has other kids the ex should not be spiteful and use the child(ren) as a money making mechanism. The laws are geared towards creating stagnancy and poverty for non custodial parents. Get a damn job and take care of yours. Yes it hard to be a single parent but if you faithhfully receive child support then you should not be consistently running back to court for more money. I am in this situation and do not take this matter lightly at all. I am married to my husband and almost 50% of his check goes out to his ex for child support, child care, sports, and other extra miscellaneous expenses. That is simply ridiculous and how is that justice when he has other children. I am a married woman living like a single mother financially speaking and the ex is single still living like she's married. I am taking care of the responsibilities of providing for my kids needs. The situation is so bad that we can't even afford our own place. We reside with my parents while his ex is living high and mighty in her own 2 bedroom place. I am a firm believer in Christ and God has been my rock and strength. People who think other kids should suffer are heartless and should repent to God. The blood of Jesus is against all warfare that pertains to my finances even now. What goes around comes around and when you take food out of the next man's mouth, best believe it will turn right back around to you and your generations. I came from a strong two parent home so divorce and this drama is new to me and should not even exist. That's like saying my parents should have paid for me to get the most because I am the first and my sibling should deal with what's left. No, that absolutely makes no sense. Reevaluate yourself and what you say especially if you a) have no kids or b) are not in the situation itself. I feel for the fathers who are doing what they are supposed to but are getting taken by the laws in place. Lord be at the forefront when our leaders make decisions. #replacementfam

  • In reply to mixemup:

    Your life should not stop because the mother and the father of child A did not work out !! they should have figure that out before getting together in the first places ! Or having any children .

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    I agree with mixemup. Sure, there should be some mechanism for alleviation of hardship cases, but just as for couples who stay married, parents have to make decisions that take into account their responsibilities as mothers and fathers.

    Almost immediately after our divorce, my ex-husband paid for his girlfriend's divorce and custody battle, remarried, bought two new cars and a huge house, then failed to pay child support for ten months because he said he couldn't afford it. By the time we got to court he had additional expenses. His new wife was pregnant, and he was paying a large portion of his new stepchild's support because his wife had violated one of the terms of her custody agreement and her support had been reduced.

    In court, my ex asked the judge a) to reduce child support and forgive the arrears, b) to issue a court order compelling me to find a higher-paying job (I was, and remain, a professional earning a good salary for my field; his new wife quit her professional job upon their marriage and has not worked a day since), c) to allow him to deduct his entire contribution to his employer-provided health insurance from our children's child support. He based all of these requests on his assertion of financial hardship. As proof, he even brought in a copy of his mortgage statement and the tuition bill from his stepdaughter's dancing school.

    The judge reminded my ex that no one forced him to make such crippling financial decisions, that the 6-year-old and 10-year-old from his first marriage still needed to be fed, and that since his health insurance was a family plan, my children cost him exactly zero in additional premiums over what he paid for himself and his new family. The judge also suggested that an attorney like my ex should have figured that out before getting to court.

    The judge's decision did not make me rich. Like most custodial parents, I still paid the lion's share of my children's expenses, and had to be careful with every penny. But it did allow me to provide for their basic needs with a few less sleepless nights.

  • My fifth grandchild is being raised in a marriage with a supportive father. My third was raised by my husband and I with the generous help of his paternal grandfather. My first two, one of which still lives with me, were raised with no help from the dad and occasional help from the mom, by my husband and I. The dad actually told the social worker at Wright Pat AFB that he didn't have to worry about them (twins) because "Her parents will take care of them.' She called to tell me this because it was the first time she ever heard it and was in utter disbelief. My fourth had an enterprising and determined mother who is now a degreed RN and now married to #5's dad. At one point #4's dad was ordered to pay support and given visiting privileges. He is a felon now incarcerated. My daughter had to drive my toddler grandson to the paternal grandparents' home which was full of drunken people and unsafe things. I wept when that order was dismissed. My husband and I have little for our retiring years but a few pensions. I am unable to say if we made any right decisions. Grandchild three is living in a home for special needs children. I was able to keep him until he was ten. That is the way of the world.

  • I'm not sure what the Illinois law is regarding child support. I worked for Child Support in New York. There a judge, well really, a magistrate, determined how much the non-custodial parent would pay in child support.

    Everyone's situation is different and the law should allow for that.

  • is my face red if that were possible, I DID NOT INTEND TO AGREE WITH MS. K.
    i was completly agreeing with mixemup.

  • Everyone suggesting that the guy should not be allowed to move on with his life, should be ashamed. If I can be quite frank, you are all obviously very bitter, vindictive women. What you are suggesting is absolutely absurd and crazy! The laws needs to be changed because of women like you. I applaud a REAL WOMAN like Jenna (Mrs K), she sees the unfairness in the system. The reality of the matter is the courts discriminate against men. I have one question for you all, If the court system suggested that you as a woman should not have more children after your divorce, there would be a riots in the streets. This is the problem with society now we as people only care about ourselves unitl it effects us. This is not right. Try to put yourself in that man's shoes. His first marriage didn't work out. So because he made a mistake and married your crazy ass, he can't move on and start a family with someone else and not be penalized. That is insane. If women were being treated like men in family courts there would be a women's movement. Think about this if the law was reversed and men always got the kids and YOU had to pay support etc. would you feel the same way? My guess is NO. Its easy to sling mud when you are the oppressor and not the oppressed. I will leave you with this final thought, contrary to popular believe, there are men who choose to have more children because they want a family and not because they are trying to sow there royal oates. I want to thank Mrs Jenna K and Brivma 138 for being reasonable. We need more women like you two! You two clearly see what's in the best interest for the children. To the others, when things in your life aren't going well that's a chick called (Karma).

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    This was a great written article..Illinois is by no means a fathers right state..Good guys like myself get screwed over because of the bad apples out there..Also laws need to be changed so that the females need to show receipts of proof that they are spending the child support payments on the children..Many exes of my friends and family and also my own always have their nais and hair done and the kids are walking around with holes in their shoes..This is ridiculous..These laws need to be changed...Theres no arguing my statements!!

  • First, I realize this article and may of the comments are up to 6 months old, but I happened across this while looking for ways to rid myself of "child support arrears" in excess of $20,000 for my now 21 year old daughter and I found the article quite enlightened, however I was damn sickened by the comments of "mixemup" and "ninnafaye", what F*&%$@G planet are you bozos living on??? Perhaps I should share my tale before you say I should "keep it in my pants" too...
    My daughter was born when her mother and I were little more than children ourselves, I was 18 & mom 17. Now I'm not gonna get deep into the discussions we had at the time regarding options, but let's just say I am and was "pro choice", yet that obviously did not factor into the outcome (I won't share feelings on that). Regardless, I became a very involved & loving father, even after mom dumped me 3 months after "Mary" was born for another guy. I dropped out of high-school, got my GED and a job during the pregnancy so I could get us an apartment, money & insurance to cover hospital bills, doctor appointments, diapers, formula, etc., Hell, I was doing the best I could and more than most 18 yr old dads. After mom left me, she ceased all contact with me,she and her parents threatened to call the police if I showed up at their house when all I wanted was to see my daughter who was not even 6 month old. Checks were sent back, deliveries returned, it was awful for me really. So I did what any guy would do, I joined the Marines. I put my daughter as my beneficiary, had 20% put into a savings account every month, called as often as possible and wrote letters to her weekly (all of which were returned unopened). After a year away, I found out mom was on public aid and I had to go to court for child support and I was granted leave to do so. I went and the judge asked me a couple questions and my only question was "When can I see my daughter, your honor?"
    The judge was taken aback and asked when the last time I saw her was & it had been 18 months. I was given immediate visitation the following day, even though mom didn't want it and demanded an atty, a trial, whatever, but all the judge said was he did't care if I was in prison, I had a right to see my kid. I was ordered to pay support, which I did and to see my kid every saturday for 8 hours while on leave and when I was discharged it was to be every weekend and 1 weeknight , 3 days total, to make up for time lost, his words not mine.
    Well, I faithfully paid my support sending a cashiers check to mom weekly for 14 years....then tragedy, I had a house fire and lost everything. 3 months later came the notice for back support...all 14 years. And I could prove nothing. But it's my daughter, and while I was livid, I didn't cry about it. Her mom hates me, for whatever reason, and I accept it, but I don't say a thing. I paid her college tuition, cash (20% weekly adds up), bought her a car, give her walking around scratch, anything I can to help. Her mom? She got my $7K tax refund, bought a 60" plasma, a motorcycle for her husband and gave our daughter $500. Nice.
    Meanwhile, I had another daughter who I raise (no support), got married in '04, had a son in '05, divorced in '08 and have custody of him (again, no support, but half of school tuition and medical so that helps) and I still give my 21 year old starving student money, just sent her 200 today, but the arrears is still there. So now, I have to either get it vacated or every dime I give her has to be via check with my CID, RIN & docket # on it so I can put it against the back support order which accrues interest, daily I think because it's barely gone down, and I still raise 2 other kids with little help and there have been times its gotten bad. I lost my city job in '08, right after my divorce, and have worked 48 days for the union since then. I was forced to sell my house in '09 just to keep food on our plates and the other kids in school. I started my own business this year and am finally turning a profit. I am and will be ok, but child support is hurting me still, and I don't nearly have it as bad as some guys! Though when unemployment was paying me $99 a week and they took $45, it was as bad as it could get...
    Oh yeah, I forgot to say why she hit me with the "He never paid" bullshit! It was because I couldn't afford the $800 for the summer camp she wanted her to go to, after I said I would, because I got laid off! Vindictive bitch.
    My daughter knows all this, I don't know how, but I didn't say a word. Ever.
    Anyway, long tale I know, but I hope it enlightens some. And as for "ninny may" and "mixed up", you both should've been swallowed...

  • Mixemup I so don't agree with you. Like the artical said all situations are unique and it should be treated as such.take my situation I have bee married to a wonderful man for 10 yrs we have 2 beautiful kids a 9 yr old and a 7 year old. And last year nov.2011 we received a phone call from the sheriff serving my husband with childsupport papers.from some woman he had a fling with right before we met.so this child is a few months older than our first child.and no he didn't cheat on me. Away my husband took a dna test and he was the father and this has ruined our lives.the mom is on walfare we both work and have bills a 2 kids to support. The mom have now bills she still live with her mom and her mom support her child.now we are struggling more than ever because of all this we cant pay our bills and support our kids.because the court didnt factor our kids into the childsupport judgement.so @mixemup what you are saying is my kids should be supported anymore because he had a kid before he had a family.and that some how sounds fair to you right? More than anything my kids deserve to continue to have the lifestyle they always had.this really pisses me off.this whole mess have runied us my kids and myself and I are in family therepy every week over.this my kids are confuesed. They have some my questions and my husband and I just cant wrap our head around hin having a outside kid.we are both angry about the situation and I dont care who judge us that kids is nothing but a burden to us.who we want nothing to do with.you cant imagine the pain something like this can cause unless you been thru it.I dont care how the mom or kid feel the mom dont deserve any support .it should be against the law to never tell a man he fathered a child than pop up yrs later and destroy a whole family life this way.and before anyone ask i know both sides of the store because this woman told me her self!

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  • So...... What about the females thats having kids just so they can sit on welfare, collect child support, don't even try to find a job, (like my ex wife) make excuses like " I can't catch the bus to look for a job cause I'm clausterphobic". Whereas I ride a bike to and from my job rain, sleet, snow. I give to my kids, she take the money and by liquor, beer, ciggaretts. She'll cook 20 chicken wings and give my daughters one wing apiece, (my kids call me and tell me this.) Everyone who pays taxes is paying this lazy bitches bills.. Now I'm worried that I might end up homeless before I find a 2nd job. I dont mind paying support just leave me enough so I can live. It should be a law that says if you don't work you cant get support, or something to that effect.. A lot of wemen are using kids for a payday. And the system is allowing them to do so.. I hate bitches... And I know all wemen ain't bitches, (no disrespect intended). I wanna kill that bitch, I just ain't got it in me . I ain't no killer. (ain't she lucky?)....

  • In reply to J dubbs:

    Yeah my ex did them same bro.. Collected wellfair because she dosent have to claim the child support. Thats why the statistics say these women live at poverty because they can and do collect wellfair and support so they dont have to work then want pitty besides.. Its all a big scam. I got my kids back and dont get a dime from the ex or wellfair! I love raiseing them and it aint as hard of job as what some women like us to beleive. I think your right. To get support there should be a law you got to work or at least raise your kids instead of drinking, smoking and bitching about your free ride!

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    Oh really is that why in illinois a judge ordered a current NFL player to pay $100.00 a month .. i should know it was my granddaughter and after we had to go to court to fight it the Judge still only gave my daughter 10% instead of the 20% that is suppose to be required and the Judge did the modification only after 5 months of the orginal order with no changes in circumstances on the fathers part...... hmmmmmm

  • This is all bullshit how women are treated so unfairly in support issuses and left in poverty... I was ordered to pay my ex wife $5000 a month for child support. She never worked a day or contributed to the children..I know you are saying she was raiseing the kids right? No she was living off their support. 2 years ago I got custody of my children and raiseing them is a joy not a job as many women would like us to beleive.. I went to court and asked for minimal child support of $400 a month more for the principal of it then anything and the judge flat out told me no.. How is that fair? She works now and lives for free with her fiance. Shouldnt both parents be responsible for their children? I guess in Illinois its just the father who is and the poor mother has no responsibility.. Some crazy shit.....

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    I dont agree wth this at all. My husband has 3 children, 2 in one state and 1 in another. He pays child support for all 3. When he went back to court for an adjustment on 2 he had our monthly budget that the judge didnt even bother to look at. When the judge "calculated" his new support amount it came out to about $200 above the state mandated 28%. When my husband explained to the judge that hif he ordered that amount we would not be able to pay our own bills plus the fact that he has another child hes paying on, the judge simply stated "I dont care, that is what you will be paying".. Its not that the state will not allow them to view each case as its own, the judges realy just dont give a crap.

    Not to mention the mother does absolutely nothing to raise these childre and my husband had the proof when he went to court. But the judge didnt want to hear any of that either. She's on welfare because she didnt to not work anymore, moved into a bigger house that she didnt need so her bills were higher. But the judge DIDNT CARE!!!

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