Anyone know where to find legal info on...

[jen6889]

Child Support and custody?? My friend has got to have the worst lawyer ever and he's telling her all kinds of stuff we firmly believe is a bunch of crap. He even said to her that her Ex-boyfriend must be right and he accused her of being a two faced liar. THE NERVE!!!

I'm trying to help her find another lawyer right now, but in the meantime, silly me thought I could find info online about this stuff. I've been searching for the last two hours and come up with nothing useful.

The #1 thing I'm looking for right now is information on determining the amount of child support. Mainly, WHOSE income is included. I am familiar with Virginia laws on this, but I don't know if Illinois' is the same or not. Her ex-boyfriend and her lawyer claims that her current live-in boyfriend's income should be included in figuring out how much child support he (the ex) owes. Now in VA, that wouldn't be true. They take only the mother and father's income into consideration.

Perhaps I'm trying to hard, but I'm also trying to find cases, loop-holes, whatever I can find against her ex to keep him from taking her kids from her. Her ex-boyfriend is trying to take custody of their two kids because he's mad about her changing their visitation arrangement. He's made up all kinds of lies about her (ie: she never takes their daughter to the doctor, but wait... who took her to the emergency room? Who's NEVER seen him at her doctors??) He's been telling their kids all kinds of crap about her too and Their dd told me she was worried she'd have to go live with him and his wife. His wife called her a slut! This little girl is only 8, does nothing to act like a slut. I think she's very responsible and level headed for her age. Their kids have really taken it hard and their behavior and grades at school have really dropped since this whole mess started.

This man does have an ok job, but he lives in a 1 bedroom apartment with his wife and baby. He just moved there because he couldn't afford the rent for the 2 bedroom apartment anymore. Now how on earth does he think he's going to squeeze in a 7 yr old boy and an 8 yr old girl???

Ugh.. this whole situation is crazy and I could just go on and on, but I'll save ya from the boredom. I'm just looking for ANYTHING to help her out. I think it'd be nice, with so many jerks for lawyers around here, to have some information to appear knowledgeable to them so they KNOW they have to do their job or we'll be on them like hounds. Times like this makes me really wish I had finished going to school to be a paralegal......


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[dianemarie]

I found this [Only registered and activated users can see links. Either login above or Register Now] and it states that it's a percentage of the non-custodial parents income.

I hope this helps. This site might also be able to point you in the right direction for more information about Illinois law regarding support and custody. As for the 8 year old who is worried about going to live with her dad, My SIL and her BF were able to get people from the school to testify in court that the children had been suffering in school since the threat of having to go live with their mom came up. It was very helpful to their case.

Good luck!


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[cashhound]

In Texas and Arkansas, child support is based on the non-custodial parent's income. And ONLY his/her income. If he/she remarries or has a livein, that person's income is not included. So if the new wife was making twice as much as the ex, CS would only be based on HIS income...not his and hers combined.

I'm very confused about this. Why would they consider what the custodial parent is making at all in determining the amount the non-custodial parent owes? It doesn't matter. So if she made 100k a year, and he made only 25k, he wouldn't have to pay child support? That doesn't make any sense at all.


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[rualakin]

Years and years ago when a relative of mine divorced, he and the ex (oh theres a story there LOL) ended up with mediation and the kids had a therapist to help sort this stuff out. There was so much "he said she said" going on that the kids really were suffering..
As far as the amounts go, if he is that "broke", he may end up having a judgement for support and never paying it which is just as bad.
Wish I could help more.

rual