Child Support - Willowbrook, IL

Updated on August 30, 2007
T.G. asks from Willowbrook, IL
6 answers

My brother has been divorced for a year and a half and remarried for six months. His ex-wife is very angry that he remarried and is making him pay for it. I just found out my brother has been paying 30% of his salary towards child support and paying for all of his daughters activities, softball, flute lessons, gymnastics, dental bills and summer camp. He has his daughter four nights a week and every other weekend. I could not believe how much he is paying. For him, his daughter is the most important thing, which she should be. However, he has been living off his credit cards and now they are maxed out and his engine just blew on his car and can't buy a new one.

So my question is, isn't the money he gives his ex-wife suppose to pay for all his daughters activities and doctor bills? Oh, he also gives his ex 400.00 a month for maintaince. This is really bothering me. He is such a good person and an amazing father. Does anyone know of a really good lawyer who is for a fathers rights too?

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H.D.

answers from San Francisco on

It all depends on what his divorce/custody papers say, unfortunately. If they were married for more than 10 years (this depends on the state too) then she will get alimony for a certain amount of time. Child Support is based on guildlines according to his pay. If his salary goes up or down OR if he has another child by his new wife he can petition the courts to have it adjusted. Usually if he has medical/dental insurance then the children will fall under his, unless she has it as well, then it should be worked out between the two of them (or the judge will decide). Co-pays and expenses not covered by insurance are usually paid by the person that has custody of the child or split 50/50 unless otherwise stated. Unless it is stated in the custody decree he should NOT have to pay for all the other extras unless he wants to! Things change from state to state, county to county so he needs to find out exactly where he stands. AND she has NO RIGHT to withhold the children if he doesn't pay his support for whatever reason.
He should see a lawyer and find out exactly what his rights are. Oy, I know more about this subject than I ever wanted to, trust me. =/

1 mom found this helpful
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C.M.

answers from Chicago on

If they went to court andyour brother lives in Illinois, he should be paying 20%of his net pay and he should have to have health insurance thru his job (with his ex getting a card to take her to the Dr.). I recieve child support and this is what i get. As I said if they went thru the court system he would have this in a court order.I hope if he's not going thru the courts he's getting a receipt for all he gives her.
A great lawer for this is a Lawyer named
David Carrabota (downtown Chicago)
He's listed in the phone book and i know he's good because my ex used him in our custody fight
Good luck

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M.F.

answers from Chicago on

I am by no means an expert in this area, but my brother is divorced with 2 kids. He and his wife share joint custody - which means they share all expenses 50/50. He has the kids 3 days one week and 4 the next so their time is evenly split. I think he carries the health/dental insurance because his is better than the kids M.'s. Neither one of them pays child support because they are evenly supporting the kids.

I wish your brother the best of luck.

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R.K.

answers from Chicago on

Depending on the state, the amount of child support ordered varies. In Illinois, it's about 30% of his salary. I'm wondering if your brother been ordered by the court? If so, the "extra" that he pays would be listed in the order. Why does he pay maintenence? Is that alimony? If so, that's a completely different issue. There are alot of questions with this.

My husband just had the exact same thing happen and because I went thru child support proceedings with my ex for my son, I helped my husband navigate the very murky waters.

If this is just an agreement between your brother and his ex, his best bet is to turn to the courts. Lots of men are scared into going along with the ex, when in fact, the courts make things alot more fair. Since your brother is a stand-up guy, he should have nothing to worry about.

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N.

answers from Chicago on

I agree with Candy I get 20% of pay plus backpay and deliquency and he is responsible for providing her medical. If he is behind on support by law they are allowed to take up to 65% of his pay. I've never heard of paying extra expenses for sports unless he's doing that on his own and then complaining afterwards. Also the upcharging on support works both ways, if he is making less than what he was making when the order was issued he should ask for a case review to get his support payment lowered otherwise he'll have to get a second job to makes ends meet.

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L.W.

answers from Chicago on

18% of his salary should be going to child support. Then depending on the arrangement, he may be required to pay for a percentage of daycare or medical expensese. It sounds like he has the kids quite a bit so I'm surprised he's paying so much..is this what he has in his papers or is he just being nice and trying to keep his ex quiet? As far as a lawyer, my brother inlaw used a lawyer in downtown Chicago in the Aon building...stay away from the guy who does all of those father's rights commercials, I know of people who didn't get all that was promised to them going thru him.

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