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Illinois Child Support: Impact of New Children & Custody Arrangements


Question
I have a few questions:

1) I pay child support for my daughter from a previous marriage. My new wife is expecting twins. Will child support be reduced to take into account this new expense?

2)I have joint residential custody b/c my daughter goes to my school district but I was not given any sort of reduction? SHe stays over one night during the week (Thursdays) and she is at my house on Tuesdays until 7:00 and I have her every other weekend. Lately, she has been coming to the house after school on the days I don't have her b/c my wife has been working at home. Her mom picks her up after she leaves work. SHouldn't this be taken into account, too, for reduction?

Thanks for any assistance!
Chris

Answer
Hi Chris~

You would have to take this back to court and try to have the divorce decree amended to lower your child support.  You'll need to tell the judge why you want the CS lowered some b/c you have twin children on the way.  Most courts will take this into consideration and will lower the CS a bit.  It certainly can't hurt to ask, if you don't ask you shall not receive it from the court.  

Usually when a parent is given a reduction it's when the child lives with them 50-60% of the time, and you're providing things of necessity for her, housing, food, clothing, etc.  Then you could even request to the court that you be allowed to claim her on your taxes (say every other year).  This can be tricky to do though b/c you can't both claim the same child on one years taxes (the IRS will eventually discover this and they frown on that, plus they can penalize you and that messes up your tax refund, etc).  So you have to be careful when you claim a child every other year (and that your former spouse is trustworthy and won't lie to you by claiming the child every year).  But you could also ask the court if they are willing to offer you any reduction for your child.  Again it can't hurt to ask or inquire about it.