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Types of custody?

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Broken

Member
What is the name of your state? Illinois

I was wondering if Illinois has shared custody? I have not been able to find any information on this. At our divorce hearing, we were awarded joint-custody, but my wife recieved "Residential custody" for some reason, and 28% of my pay just for having that title. I have my two daughters 4-nights a week out of 7 (where they actually sleep at my residence). I'm trying to figure out is Shared custody is something I can go for. Thanks for the help!
 


VeronicaGia

Senior Member
Illinois bases child support on the income of the NCP solely. That's why you're paying, since legally the child lives with the other parent. Even in shared custody, if that is possible, the child will legally reside with one parent. Stupid, but true.
 

Broken

Member
I can understand their reasoning for having one parent have the "residential" title, but in my particular case, wouldn't you think that I would get it since I put them to bed and get them up 4-days a week? It's not that I want child support from her or anything... in fact if it was awarded to me, I'd just give it back every month. I just don't agree to having to pay her a small fortune, PLUS have to try and provide for them when they're with me. That's just not possible on what I make...
 

tigger22472

Senior Member
I suggest speaking to a lawyer for a consultation on this. However, I would suspect that mom would have to agree to it.. and if you're willing to give her back any support or what not.. make sure she's aware of that. We live in Indiana and my husband has 50/50 shared custody with his daughter living 2 weeks at our home and two weeks with mom(she's actually here more but that's ok). Neither parent pays support but that is something THEY decided. They LITERALLY made up their own decree and a judge signed it. I have to say that there isn't ALWAYS a residental parent and that's hard in this situation. We look at is when it's each parents 2 weeks they are the CP to make it easier. But we do have issues sometimes trying to explain it to school officials and what not.
 

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