Child Support During Separataion - Any Advice?

[SilkyTP]

What is the name of your state? Illinois

My wife filed for divorce in January 2007. We lived together until August 2007 when we sold our house. I have three teenage daughters, one of whom is now attending college and is 19 years old.

My child support obligation was to be for two children. My attorney recommended that beginning in October I pay approximately $1200 per month in voluntary child support which I have done.

During a pre-trial hearing, the judge recommended $1400 per month, and that will be the number we use in our separation agreement. My question is, is my wife entitled to "back child support", while we are separated, even though we do not have a separation agreement?

We did the best we could to estimate the child support, and frankly, for two children, it's 28% - 28% of WHAT is what seems to vary. That said, I just want to know if she is entitled to back support of approximately $200 per month during the time we have been separated.

Advice?

Thanks,
TWhat is the name of your state?

 

[CJane]

I don't like absolutes, so I'm just going to saw that it is EXTREMELY unlikely that Mom would get the 'back support' for an order that doesn't exist.

Go here and crunch the numbers. The WHAT doesn't vary all that much.

 

[Gracie3787]

Go here and crunch the numbers. The WHAT doesn't vary all that much.

CJane, I think you forgot to include the link for a calculator.

 

[CJane]

CJane, I think you forgot to include the link for a calculator.

I'm gonna blame the stupid on stress, k?

http://www.ilchildsupport.com/calculating.html

 

[SilkyTP]

Thank you very much for the reply, and the link - I had already known about the link but appreciate the thoroughness of your reply.

The notion of 28% of "what" comes to bear when we discuss what I get a credit for - i.e., I am paying my oldest daughters college loan - the judge indicated that he would not reduce my number to account for that; on the other hand, he WILL give me credit (and thus reduce the number) for having to pay for cell phones and car insurance. Which also sux that I will have to provide cell phones under court order; but that's another point altogether. The point is, even though there's a worksheet, the income upon which child support is based seems to be variable.

You have confirmed my suspicion, although I understand the caveat of "absoluteness". I have been informed that opposing counsel said he is "going to need to file a motion for temporary support to protect his right to a retroactive increase in the child support".

So the way I read that is "right?" What right?

In my estimation, the divorce game, all things being equal, is about who has more money to argue - he who has less resources loses. In my case, her parents are funding her attorney. In my case, if they file a motion, I have to roll over or pay to defend it.

I guess they can ask for anything they want - but (and this is the crux of the question) I can't imagine that opposing counsel is filing a motion with the expectation that the judge wouldn't grant the motion.. would he? So I guess, in deference to the notion of "absoluteness" (i.e., we all know anything can happen), I'm asking how legitimate this motion might be.

Thanks again for your opinions thus far.

T