First time custody order

[Rhea27]

What is the name of your state? IL

Husband had 2 kids from exgirlfriend and kids live with us full time. The custody agreement states that ex and husband have JOINT custody though biomom barely sees kids or participates in their lives so it's hardly JOINT though that word might be up for interpretation in the eyes of the law? There has never been a child support order though we are seeking it now after 8 years because now that we have our own child, schedules have changed etc. We figure if we or the kids can't get the physical reliability from biomom than we can get compensated financially. My question is if we should go through the state or go hire an attorney? What would be the differences here? (except that a lawyer would cost alot more $!!)

Thanks!

 

[CJane]

First - drop the 'we'. I'm not saying that to be snarky, I'm saying that because in this matter, YOU have no legal standing. I know that you're just here asking questions for your husband, and that's ok, but remember that 'we' have no dog in the fight, k?

Second - you can file through the state for CS. Illinois uses a set percentage of the NCP's income to figure child support.

But... filing for it, and getting a court order for it doesn't necessarily = actually getting the $$.

 

[Rhea27]

Got it, what issues would keep her from being able to pay? Thanks.

 

[CJane]

Got it, what issues would keep her from being able to pay? Thanks.

Is she employed? Are her wages garnishable? Do you think you can trust her to pay - because it can be dodged for quite awhile and there's little the state will do about it.

In my state (and your husband will need to ask CSE in IL about this - if child support is set through CSE as opposed to court, income withholding is automatic unless a bond equal to 3X the monthly amount due is posted in advance.

 

[Rhea27]

Yes, making around $30-35 per year and honestly not sure if she can be trusted with giving $ to her kids. She sees that my husband does ok and thinks that she does not need to participate. Can't be trusted to see kids could well mean not trusted to give them $ too.

 

[moburkes]

Generally, if your significant other goes through the child support enforcement agency, they will require that funds are sent to them, and they will disburse to him.