Child support need advice

[olivia1234]

What is the name of your state? Illinois

I live in Illinois EX lives in Florida. My daughter and I receive public assistance fromt he state and they told me because of this I have to file for child support. I said ok no problem. Well my Ex got served with papers about 3 weeks ago and keeps calling me over and over again to get the child support payments lowered. My appointed lawyer is going for 20% and health insurance. My daughter is only 3 months old and her father has not contributed one cent to her or even met her yet. My question is when we get to court (court date set may 2) what will happen if he doesn't show up? If he does show up can he get the judge to agree to lower than the 20% and insurance? Can he file for custody the same day and get a quick court hearing because he lives out of town? Thanks in advance!

 

[BL]

Work with your Lawyer .

The support issue is out of your hands and in the State's hands now .

 

[Phnx02]

What is the name of your state? Illinois

I live in Illinois EX lives in Florida. My daughter and I receive public assistance fromt he state and they told me because of this I have to file for child support. I said ok no problem. Well my Ex got served with papers about 3 weeks ago and keeps calling me over and over again to get the child support payments lowered. My appointed lawyer is going for 20% and health insurance. My daughter is only 3 months old and her father has not contributed one cent to her or even met her yet. My question is when we get to court (court date set may 2) what will happen if he doesn't show up? If he does show up can he get the judge to agree to lower than the 20% and insurance? Can he file for custody the same day and get a quick court hearing because he lives out of town? Thanks in advance!

Not familiar with Illinois law. But if IL cs state guidelines are based on 20% of the NCP's net income (which many state are), then this is what he has to pay. If this is the law in your state, there's no way around it (unless he has other children to support). Having the NCP provide health insurance is also very standard.

If he doesn't show up for court, a default judgement may be done in his absence. He will be ordered to pay whatever is determined that day.....according to state guidelines. If he does show up, and your state law is the NCP pays 20% of income, and he doesn't have any other children or extenduating circumstances, then he will still be ordered to pay this. The law is the law. If he files for custody during this time, more than likely, this issue will be handled seperately with another future hearing. The courts will give you more time to respond to such a serious demand and the opportunity to hire counsel to defend it.

 

[olivia1234]

Thank you sooo much for your help.

 

[gwendat]

Reconciliation issues?

Minnesota
Even the best mind forgets this, your child is only 3 months old,why has he not seen, your 1st? Any reason the baby is a reason you may get back together? Estabish paternity yes or no?

 

[gwendat]

Paternity established?

Minnesota
Even the best mind forgets this, your child is only 3 months old,;why has he not seen,;your 1st;;? Any reason this baby is a reason you may get back together? Estabished paternity ;yes or no?

think about where you and your child are going 1st, this would come second in my life choices, I am no longer a young mother, but my daughter is...

 

[LdiJ]

Olivia, is this an ex-husband or ex-boyfriend?

Reason I ask is because you said the daughter is 3 months old and the dad has not met her yet.

Plus, when you said this "My appointed lawyer is going for 20% and health insurance. -- your lawyer has NO say in this whatsoever. Has it's been stated, states have guidelines. For example, IF state guidelines were 18%, he can NOT get you 20%. Your lawyer has no affect whatsoever on getting you more than state guidelines.

It sounds like your lawyer pulled a typical "I'll tell you what you want to hear" act. And lawyers wonder why they are the butt of jokes all the time. In fact, you didn't even need a lawyer for all of this right now.

Legacuriosity you are doing it again...you aren't reading thoroughly. She said her "appointed attorney"...that means the attorney appointed by the CS agency to handle the case. That attorney isn't going to try for anything other than the guidelines....and state appointed attorneys are the LEAST likely to "tell someone what they want to hear".

 

[stealth2]

Plus, when you said this "My appointed lawyer is going for 20% and health insurance. -- your lawyer has NO say in this whatsoever. Has it's been stated, states have guidelines. For example, IF state guidelines were 18%, he can NOT get you 20%. Your lawyer has no affect whatsoever on getting you more than state guidelines.

CS in IL for one child is 20%. MINIMUM. IL allows a judge to order a higher amount if circumstances warrant. So therefore, lc, her lawyer CAN get a greater amount if the right arguments are made. Dude - do your homework before making (wrong) categorical statements. At this point, all I've seen in your posts is either flying off the handle at other posters or providing the wrong information. Cut it out.

 

[tigger22472]

Not familiar with Illinois law. But if IL cs state guidelines are based on 20% of the NCP's net income (which many state are), then this is what he has to pay. If this is the law in your state, there's no way around it (unless he has other children to support). Having the NCP provide health insurance is also very standard.
.

Although I agree it's standard it might not be even worth it. Many companies have HMO's that only use certain doctors and if Dad's in Florida it might not cover in Illinois. I know someone who is in this situation right now.

 

[stealth2]

I know someone who is in this situation right now.

Make that two someones. Unfortunately, our order only says he has to provide insurance - not that he has to provide insurance that we can use. So unless it's an emergency, I have to pay for all medical expenses here (where they live) myself. 'Cause, of course, with legal custody he has to approve of the expenditure and he simply refuses. Fair enough. And sorry, the kid's not taking her $300 glasses with her for the summer 'cause I know they'll get lost. I'll happily provide the prescription and he can get her a spare pair from Wally World. LOL And then you know he'll deduct my share from the CS. Whatevah, dear.

 

[tigger22472]

Make that two someones. Unfortunately, our order only says he has to provide insurance - not that he has to provide insurance that we can use. So unless it's an emergency, I have to pay for all medical expenses here (where they live) myself. 'Cause, of course, with legal custody he has to approve of the expenditure and he simply refuses. Fair enough. And sorry, the kid's not taking her $300 glasses with her for the summer 'cause I know they'll get lost. I'll happily provide the prescription and he can get her a spare pair from Wally World. LOL And then you know he'll deduct my share from the CS. Whatevah, dear.

Ya know Stealth.. if I ever set up that shooting ranges for ex's I'll be sure to put your ex very high up on the list! HOPEFULLY they broke the mold when they made him!!

 

[stealth2]

All ya can do is laugh, tiggs. Well, or you can laugh, shake your head and wonder what a sad existence it must be to be so angry and bitter after all these years.

 

[tigger22472]

All ya can do is laugh, tiggs. Well, or you can laugh, shake your head and wonder what a sad existence it must be to be so angry and bitter after all these years.

I totally hear you on that. How long has it been? I know a LONG time. And you're right it is sad, and what is sadder about yours is he's remarried. Can we say grow up and move on?

 

[stealth2]

7 years. What's really funny is that, by all accounts, he's got a great life. Remarried, beautiful new home, great job, good relationship with the kids, paying CS on only about a third of his income. Yet can't seem to let the anger go. Bad for the heart, dude, bad for the heart.