does the state law mandate childcare support

[graymonkey1]

i live in IL. i have been divorced 18 mo now, seeking child support from my X (he didn't have to pay for 18 mo). I have full custody of our child. I realize that the law states that my X will have to pay 20% of his net for child support, what does the law state about childcare. Our child is 4 and i have to work, so she must go in childcare. I'm hoping that you'll tell me that its not just up to the disposition of the judge.

 

[NotSoNew]

child care is added on top of the CS order. your ex will be ordered to pay a portion of it, you will have to have proof of the child care amount.

 

[Ohiogal]

child care is added on top of the CS order. your ex will be ordered to pay a portion of it, you will have to have proof of the child care amount.

Are you sure about that? In Ohio it is not added into the order. It is used as part of the calculation but so is the childcare deduction credit. So it is not always added on to the top of the order. So again, are you SURE about that?

 

[NotSoNew]

I stand corrected. Illinois does not have to include daycare:

DAYCARE EXPENSES: Illinois law does not _ and the court may not _ require a parent paying child support to also pay for day care expenses. Nevertheless, many parents agree _ without any legal authority _ that they will share daycare expenses. Many judges get around the law_s silence on daycare expenses by requiring non-custodial parents to pay larger amounts of child support _ large enough to cover daycare expenses. In short, the cases cut both ways _ some say that non-custodial parents must pay day care expenses, and some say the opposite.

 

[graymonkey1]

child care expenses

thanks, that's what i thought, that noncustodial parents don't HAVE to pay for childcare expenses.
anyone out there know where to start to change some laws? it seems silly to me that regardless of how much it costs to raise a child, the noncustodial parent only pays a small percentage of it and the onus is on the custodial parent to seek that money out (even if court ordered, it doesn't mean you'll actually get it). the idea that the X can work under the table, show 0 income and pay 20% of $0 is disgusting. if the custodial parent MUST work (seems obvious) to support his/her child and therefore put the child in some kind of daycare, shouldn't both parents be responsible for this amount?
i went through horrible divorce, had my finances ravaged, received zero support from my X and my atty and some of the laws are basically telling me to lump it. What can a person do to evoke some change in the system, not just for me but for other single parents out there getting scewed?
i thank anyone kindly for their experience or advice.

 

[Ohiogal]

thanks, that's what i thought, that noncustodial parents don't HAVE to pay for childcare expenses.
anyone out there know where to start to change some laws? it seems silly to me that regardless of how much it costs to raise a child, the noncustodial parent only pays a small percentage of it and the onus is on the custodial parent to seek that money out (even if court ordered, it doesn't mean you'll actually get it). the idea that the X can work under the table, show 0 income and pay 20% of $0 is disgusting. if the custodial parent MUST work (seems obvious) to support his/her child and therefore put the child in some kind of daycare, shouldn't both parents be responsible for this amount?
i went through horrible divorce, had my finances ravaged, received zero support from my X and my atty and some of the laws are basically telling me to lump it. What can a person do to evoke some change in the system, not just for me but for other single parents out there getting scewed?
i thank anyone kindly for their experience or advice.

If he is ordered to pay and hasnt', take him to court for contempt. You don't put ALL your money towards supporting your child why should the NCP. For putting your child in day care you can go to work and earn money. And day care is only temporary for a while until the child goes to school. You have options. Utilize them.

 

[February2003]

I disagree with the poster-- we live in IL and my husband pays 31% to his ex to support one child. It is soo much $$ that she got an inground pool, a BMW, new wood floors, new stainless steel appliances, a trip to Vegas, etc. I'm glad day care expenses arent factored in ontop of NCP income...that would be insane in our situation. And, if you want to change the law-- lets change IL law to reflect support based on both parents income. Do you think if my husband and his ex were still married, they'd spend $1500 per month on a 10 year old? No...my husband pays that much per month-- which covers every single expense for the kid, plus lots left over for her to spend. And- we have him two nights a week and every other weekend-- but that's not factored in either. LITTERAL MEANING (and this is really the point I'm trying to express)- she doesnt support her child financially at all. Not one penny comes from her pocket. Hey, and ontop it all- she cheated on him...and to this day acts like the biggest, meanest, most vengeful woman I've ever known. She is a terrible person...but she's rolling in the $$ for another 8 years.

 

[LdiJ]

I stand corrected. Illinois does not have to include daycare:

DAYCARE EXPENSES: Illinois law does not _ and the court may not _ require a parent paying child support to also pay for day care expenses. Nevertheless, many parents agree _ without any legal authority _ that they will share daycare expenses. Many judges get around the law_s silence on daycare expenses by requiring non-custodial parents to pay larger amounts of child support _ large enough to cover daycare expenses. In short, the cases cut both ways _ some say that non-custodial parents must pay day care expenses, and some say the opposite.

Can you please link us to where this comes from? I am not saying that its incorrect, but its a bit unusual for daycare expenses to not be a factor in a child support calculation.

Plus, the verbiage in this particular quote doesn't sound much like legal "authority".

 

[ceara19]

I disagree with the poster-- we live in IL and my husband pays 31% to his ex to support one child. It is soo much $$ that she got an inground pool, a BMW, new wood floors, new stainless steel appliances, a trip to Vegas, etc. I'm glad day care expenses arent factored in ontop of NCP income...that would be insane in our situation. And, if you want to change the law-- lets change IL law to reflect support based on both parents income. Do you think if my husband and his ex were still married, they'd spend $1500 per month on a 10 year old? No...my husband pays that much per month-- which covers every single expense for the kid, plus lots left over for her to spend. And- we have him two nights a week and every other weekend-- but that's not factored in either. LITTERAL MEANING (and this is really the point I'm trying to express)- she doesnt support her child financially at all. Not one penny comes from her pocket. Hey, and ontop it all- she cheated on him...and to this day acts like the biggest, meanest, most vengeful woman I've ever known. She is a terrible person...but she's rolling in the $$ for another 8 years.

Granted $1500/month is alot of money, there's got to be some other source of income for her household in order for her to pay for all of the things you listed. Where's the rest of mom's money coming from?

 

[graymonkey1]

abusing the system makes it difficult for those with a real case

Just like in any system, when someone abuses it, it makes it more difficult for those of us that rely on it to help us. I am seeking child support through the courts, but that will be 20% of a deadbeat's 0 income (works under the table). I was looking for another means by which to seek legal support from him, i.e., child care.
i do have to work to support myself and my child. i'm a single parent. i don't live lavishly, and in fact, live in small 1 bedroom so that my daughter can have healthcare and decent childcare.
Many of the NCP i've spoken to wrongly equate their emotions with their X and their obligations to pay child support. there should be a baseline by which each parent is obligated to support their child. the burden should never rest only with the CP. I've also heard horror stories about NCP who pay whopping child support only to be denied visitation, or have the $ go toward things that aren't for the child. child support is a separate issue from visitation rights. the other issue i can't speak to.
if both parents have to work to support themselves, and thusly the child needs care during this time, each parent should support that care. period. the law in IL stinks.

 

[fairisfair]

Can you please link us to where this comes from? I am not saying that its incorrect, but its a bit unusual for daycare expenses to not be a factor in a child support calculation.

Plus, the verbiage in this particular quote doesn't sound much like legal "authority".

Actually I believe that the law doesn't even address it, this is what I found
http://www.illinoisdivorce.com/library/child_support/12.php
Many judges get around the law’s silence on daycare expenses by requiring non-custodial parents to pay larger amounts of child support – large enough to cover daycare expenses. In short, the cases cut both ways – some say that non-custodial parents must pay day care expenses, (96) and some say the opposite. (97)

 

[ceara19]

Just like in any system, when someone abuses it, it makes it more difficult for those of us that rely on it to help us. I am seeking child support through the courts, but that will be 20% of a deadbeat's 0 income (works under the table). I was looking for another means by which to seek legal support from him, i.e., child care.
i do have to work to support myself and my child. i'm a single parent. i don't live lavishly, and in fact, live in small 1 bedroom so that my daughter can have healthcare and decent childcare.
Many of the NCP i've spoken to wrongly equate their emotions with their X and their obligations to pay child support. there should be a baseline by which each parent is obligated to support their child. the burden should never rest only with the CP. I've also heard horror stories about NCP who pay whopping child support only to be denied visitation, or have the $ go toward things that aren't for the child. child support is a separate issue from visitation rights. the other issue i can't speak to.
if both parents have to work to support themselves, and thusly the child needs care during this time, each parent should support that care. period. the law in IL stinks.

Child support and visitation are 2 totally different things. Many times when a person is ordered to pay support only to be denied visitation, by the courts, there is good reason for the judge to do so.