Ok, so mayhaps you guys can settle a debate between myself and my ex.
We are in the process of divorcing. We have split 50/50 custody of our two lovely children. If it means anything, however, they spend the majority of their waking time with me.
My ex-wife and I are friendly enough, but sometimes she makes little stabs about taking me to the cleaners on child support, etc.
Here’s the deal: At current, there is no child support ordered. At current, and for the foreseeable future, she makes more than I do.
And I already give her about 1/4 of my income as child support, because I feel it’s the right thing to do.
So given that, if we were to go to court, does anyone have any idea of what sort of decision would be made?
IAAL, but an Illinois lawyer, and not your lawyer.
Here, she can receive child support of 25% of your adjusted income (gross income, less certain amounts such as income taxes, etc.). There is discretion in the judge only if she makes WAY more than you do, or you make so much that 1/4 would be a ridiculous amount. You are already paying about 1/4, so there might not be any point for her to take you to court.
The court would also determine who provides the majority of the monetary support for the kids. If it is you, you might not owe your (ex) wife anything at all. You could collect from her.
Even if you don’t retain him or her, go talk to a local family law attorney. They can tell you the laws pertaining to your particular situation.