[IL] How do I and the other parent of my child resolve a disagreement about child support payments?
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If the parents also can’t agree on payment but you want to avoid court, you could contact child support services.
They could establish a child support order without requiring a custody order (750 ILCS 5/505(a)). In the order, the custodial parent — you — would usually have a set amount they would receive for the child each month. If the other parent doesn’t pay, you could then request options such as wage garnishment.
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Both parents agree on a parenting schedule, but one parent doesn't agree on the financial responsibility part. Parent 1 is with the child every day while Parent 2 works. Parent 2 has the child from 4am–8am while Parent 1 works. Parent 1 makes $25k a year and Parent 2 makes over $80k a year, and both parties can't agree on who gets financial support for the child.
I understand the situation regarding the parenting schedule and financial responsibility. Has there been any previous legal agreement or court order in place regarding child support?
No, we are trying to avoid that.
Are there any specific expenses or financial needs for the child that are causing disagreement between Parent 1 and Parent 2?
The cost of transportation & if the child needs something Parent 1 can’t afford, I don't think Parent 2 will agree to help.
Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with financial responsibility.
Ok.
Welcome and thank you for using AskaLawyer. My name is Liz and I'm the attorney who will be assisting with your legal question.
So I can best help, is a child support and custody case currently open?
No. We are trying to avoid court.
In what state are you?
Illinois.
Are you married to the other parent?
No, we are not married.
And do you share the home or have separate residences?
We currently live together. The house we live in is not owned by him — it is owned by his mother that she inherited. But I will be moving soon.
Have you run the calculator? https://hfs.illinois.gov/childsupport/parents/childsupportestimator.html
Yes, I have.
And Parent 2 doesn’t agree with the amount?
No. I never set a fixed amount that I asked him to pay. I just asked if he could help with the things the child needs whenever I ask, and he didn’t like that. Maybe court would be our best option. He doesn’t think he should pay for transportation either.
Court would usually order a set amount each month. You could also ask for him to split things like activities and transport.
Can I be of help?
If the parents also can’t agree on payment but you want to avoid court, you could contact child support services.
They could establish a child support order without requiring a custody order (750 ILCS 5/505(a)). In the order, the custodial parent — you — would usually have a set amount they would receive for the child each month. If the other parent doesn’t pay, you could then request options such as wage garnishment.
I know this can be stressful, so if I can be of help, please let me know.
