Asked 7/26/2010
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How and where can I find out the laws for Illinois custody and child support laws and have them explained in easy terms? My fiance has 2 children ages 9 and 6 years old by his ex-wife. They have been divorced 4 years and the divorce took place in Will County Illinois. She (the ex) still lives in Illinois and he now resides in Indiana. I am trying to gather information on what his rights are as a father that, pays child support, wants to be involved with his children, and is concerned for the well being of his children. I have read his divorce papers and custody/child support order and quite honestly there are things that dont make sense. Not just the legal jargon but, just the fairness and legality of the arrangement. I want to know, for my own knowledge, why the laws are so tough on dad's that ARE paying their support and WANT to be involved. Is there someplace I can read up on the laws regarding custody/child support that is easy enough for a lay person to understand? Because I really dont understand the laws in respect to dad's rights and such. Its often said, that Illinois is tough on deadbeat dads....what about the dads who want involvement and who do pay their support? Do they not have any rights? All I hear from his ex-wife's mouth is money this and money that....these kids are a meal ticket for her and its shameful. So I want to understand this law better so we can go before a judge and perhaps change the agreement. Any info will be helpful. |
Answer 1/3 - Submitted 7/26/2010
Hi : ) this is the website for Will County Clerk of Court : http://www.willcountycircuitcourt.com
You should be able to read up on things there. Alot of places will not review the paperwork that the judge signed off on until 3 years has passed UNLESS you can show there is reasonable cause to change it such as child neglect or abuse is occurring. I would see what there process is to file a Motion for Modification of child support/visitation/custody
I am not an attorney so I dont have a definitive answer for you but I used to work as a paralegal for the state of Florida and have some knowledge about what goes on there. I hope this helps out somewhat : )
Answer 2/3 - Submitted 7/26/2010
Custody in Illinois is generaly the same through out most states. If a NCP or non custodial parent (your hubby) is current on child support, then he has every right in the world to see his children according to the court ordered visitation decree. The CP or custodial parent (the ex) cannot stop him from seeing the kids or change the visitation schedule unless the child is sick. Support payments are for the children not mom's pleasure, thus the name child support. If there is a question as to the children's welfare, environment, education, etc he can question the mother as to who, what and why. In other words if he is concerned that the interests of the children are being being attended to, he should first ask the ex th who, what and why of his concern. If she gaffs him off, he can file a "show cause motion" and the judge will ask the same questions and she better not gaff the judge off. If your hubby wants more time with the kids, say for instance two weeks in Indiana diuring summer break, he only has to ask for an order modification, to get it granted. Those folks in Joliet aren't stupid and all look out for the kids. Illinois has one of the toughest child protection system when it comes to yanking kids from "a loving custodial parent". See this link for more info
http://www.divorcenet.com/states/illinois/ilfaq_09
Answer 3/3 - Submitted 7/26/2010
It was told to my fiance that what his ex-wife spends the child support on is none of his business. These children are without gas for hot water or cooking. They are taking showers and baths once a week at friends houses and then in cold water the rest of the time at home. How is this ok? He has no rights to say how the money HE gives her gets spent for the children even though they go around in torn up clothes and shoes that are too small. These are the things I'm trying to get info about. Because she can go on vacation to visit her family and go out to eat every nite but cannot keep the house going so the kids are safe and comfortable. It seems to me that everything in the state of Illinois goes according to what the mother wants...she audits him to see how much he is making and can question his financial affairs but he cant have a say in where the money allocated for support of his children is being spent? I dont get it. I raised my daughter alone, her father abandoned us and in getting my divorce I forfeited my rights to child support. I struggled to provide for her. This woman GETS support for the children, she works, and has remarried and her spouse works....she cant maintain a household on that? It infuriates me because my fiance is a good man, and a good father. He is doing what he is supposed to but was not represented fairly in his divorce/custody case and he really believes he has no rights. So i am just trying to bring him proof positive that he can change things and he does have rights.
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