QUESTION

what options do i have when my childrens mother does not obey our parenting agreement?

Asked on Jun 09th, 2015 on Family Law - Illinois
More details to this question:
Asking on behalf of my boyfriend: Specifically, in our agreement I am to claim our son for federal and state tax purposes and she is to claim our daughter. After she signed the agreement, she claimed both children and now is after me for more child support because she lost her job. I don't think it's fair that she is asking for more money when she claimed both this tax season.
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1 ANSWER

Divorce Attorney serving Des Plaines, IL at Law Office of Sven M. Sommers
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Hello, LaTasha. The general rule when calculating child support is that the courts look to the non-custodial parent's income, and the support payments are based off of that. In this instance, it looks like that would be your boyfriend. Generally, the income of the custodial parent is not factored like the non-custodial parent's income is. So, generally, a change in income to the custodial parent may not result in the non-custodial parent paying more. I say "generally" because it is difficult to make a bright-line rule about these things because of the complexity of these situations. If your boyfriend's income has increased and can be considered a "significant change" then he may be required to pay more, but that would be because of his earning power and not the custodial parent's earning power. If there are late support payments that have to be factored in, then the amount may go up regardless of earning power in order to get the support payments up to date. Regarding who claimed whom on the taxes, this can be addressed by the court should you choose to take the issue to court. It is possible that the extra money the mother received from claiming both children instead of just the one could potentially be counted as a credit towards child support owed. This would, of course, be up to the Judge based on the totality of the circumstances. I hope this helps.   (This answer does not create a binding attorney-client relationship and should be used for information purposes only.)
Answered on Jun 10th, 2015 at 3:05 PM

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