Two kids, two mothers

[benplace]

What is the name of your state? IL
I am getting a divorce, against my will, but thats how things go sometimes.
My wife is sending me papers, and my thoughts are when I get them Ill look over them, if they are fair Ill just sign and be done.
However, she told me her attorney is putting in child support at a rate that looks to me like 20%.
I have a child from a previous marriage that I am required to pay 20% on, however she has not taken me back for an increase in 4 years so Im not really paying her 20%.

What is the law here? I assumed that since I am required to pay 20% on my first child, that my wife now would only get 8% or is the law different when you have 2 different children with two different spouses?

 

[Zephyr]

http://www.alllaw.com/calculators/ChildSupport/illinois/

that should help answer your questions about how much you should be paying to each

 

[benplace]

I dont understand

The calculator come out about where her attorney is claiming.
This makes no sense to me. 8 percent of my net income is about half of this amount.
What am I missing here?

 

[stealth2]

What you're missing is this. You don't just pay 8% for the second child. You take your income, subtract what you pay baby-mommy #1, and then pay 20% of what's left to baby-mommy #2. Easy, isn't it?

 

[benplace]

So the law is different when you have two kids from seperate mothers.

 

[CJane]

The calculator come out about where her attorney is claiming.
This makes no sense to me. 8 percent of my net income is about half of this amount.
What am I missing here?

Illinois figures child support based on 'children of the marriage' or 'children of the order'... so you will pay 20% of your income to the child of relationship #1 and 20% of what's left to the child of relationship #2.

The 28% that you're thinking of, as it applies to 2 children is if both children are of the same relationship/order.

If you have another child in another relationship, you will end up paying 20% of your income after the first 2 orders to the new child as well.

Edited to add Yeah, what stealth said.

 

[stealth2]

So the law is different when you have two kids from seperate mothers.

Yep. **************......

 

[LdiJ]

So the law is different when you have two kids from seperate mothers.

Correct. When you have two children with one mother, then the theory is that some of the expenses of two children aren't much higher than for one child, which is why it only increases 8%

However, these children don't live in the same home...therefore it doesn't work that way in this cse.

 

[benplace]

What a bunch of crap. I wonder if I could get the two exs to move in together. lol

 

[benplace]

What if mother number one takes me back to increase support?
Can I then lower the payment to mother #2?

 

[CJane]

What if mother number one takes me back to increase support?
Can I then lower the payment to mother #2?

Nope. Doesn't work that way.

 

[fedupinIL]

You pay the 2nd mother 20% of whatever is left over after paying 20% to the 1st mother. It would make sense that if if mother #1 takes you back to court for an increase, that would in turn decrease your 20% obligation to mother #2 because your income is less after paying #1. But, I don't know how that works.

Keep in mind too that it doesn't just end at child support. You will most likely be ordered to pay additional expenses besides the regular child support. Stuff like day care, medical expenses, etc. My husband pays a lot of additional expenses on top of his 28% child support. When you look at the full picture, he is really paying almost 50% of his income. So, be prepared!!

 

[Silverplum]

I wonder if I could get the two exs to move in together. lol

Perhaps. They have much in common, don't they?

 

[moburkes]

What a bunch of crap. I wonder if I could get the two exs to move in together. lol

Oh, I'm sure this law was in place LONG before you decided to continue procreating. Now, you'll know to forever use protection if you want to keep much of your paycheck for yourself.

 

[Yield]

Illinois figures child support based on 'children of the marriage' or 'children of the order'... so you will pay 20% of your income to the child of relationship #1 and 20% of what's left to the child of relationship #2.

So he is going to pay 20% for child #1 and 20% to child #2 for a total of 40% of his income? By that logic if he had 5 kids with 5 different women he would pay 100% of his income. That doesnt seem right. Am I missing something here?