CS and Custody

[cwmayhem]

What is the name of your state (only U.S. law)? IL
Quick question... I have physical custody, ex gave up most of his visitation (unemployed, says he has no resources - lives with his parents - and no time to spend with them). So he has the kids 2.3 days per month and a very few holidays (we alternate and he only gets them for the day - his choice). So at most he has them 30-35 days total per year. Can I ask that the CS be adjusted accordingly? I know IL uses % of income, however will be asking to impute income (he hasn't worked in over 2 years and is not looking for a permanent job because he is union electrician and just waiting for that next union job - so at this point it is voluntary unemployment). I am seeking to dissolve joint legal custody and asking for sole custody.
What are the chances that court will impute income and raise CS to compensate for the fact that I have them almost 95% of the time?

Any advice is appreciated!

 

[mistoffolees]

What is the name of your state (only U.S. law)? IL
Quick question... I have physical custody, ex gave up most of his visitation (unemployed, says he has no resources - lives with his parents - and no time to spend with them). So he has the kids 2.3 days per month and a very few holidays (we alternate and he only gets them for the day - his choice). So at most he has them 30-35 days total per year. Can I ask that the CS be adjusted accordingly? I know IL uses % of income, however will be asking to impute income (he hasn't worked in over 2 years and is not looking for a permanent job because he is union electrician and just waiting for that next union job - so at this point it is voluntary unemployment). I am seeking to dissolve joint legal custody and asking for sole custody.
What are the chances that court will impute income and raise CS to compensate for the fact that I have them almost 95% of the time?

Any advice is appreciated!

- You're not likely to get sole legal custody on that basis. He is still a part of the child's life.

- You can ask the court to impute income. However, I'm not so sure that his unemployment is voluntary. On the surface, he is free to take non-union jobs, but he can be thrown out of the union for doing that. He could probably argue that he could only take non-electrician jobs without jeopardizing his future when the economy DOES improve. You might find that he would only be imputed income at minimum wage. Or, if he's still getting union benefits, they might use that number.

- Be very careful about what you ask for - you might get it. If CS was set when he was working and he's not working now, you might get LESS money - even if they do impute some income.

- I don't believe that the amount of time you have the child has any bearing on CS in Illinois.

- This isn't your question or concern, I guess, but I'm confused about the "he's unemployed so he doesn't have time for the kids" aspect of it. You'd think that he'd want to spend MORE time while he has free time on his hands - unless he's doing the right thing and working diligently toward getting a job, but that doesn't sound like it's the case.

 

[ecmst12]

You have not described any change in circumstances to justify changing custody.

 

[cwmayhem]

The change is that he is uninterested in kids. The original order states he should be consulted on med. daycare, etc. He was, as well as given numerous opprtunities to argue in the past 2 years that he does not agree with daycare, etc. I filed motion because he is in contempt for financial obligations for over 1 1/2 years. He has no bills, lives off parents and current gf, was making over 1800 AFTER cs and taxes, etc., yet refused to pay anything. Says he "just doesn't have to" because he did not agree to daycare. It's been almost 2 YEARS, we've been to court on numerous occasions and he has never brought up any disagreement in choice of daycare, dr.'s, etc, even though he has been notified! Now he has decided that he will use this against me that he "never agreed". He had ample opprtunity! My daughter was in ER and it took him 5 HOURS to respond to texts and then said he was having lithotripsy (my BIL had it and went back to work in a couple of hours!) and never called/emailed/texted after to even see how she was(she was 6!). Does not answer any phone calls, doesn't talk to kids in between visits (judge ordered him to get a cell that we would split costs and he told kids that he didn't care what the judge said, he wasn't buying them one!).
He does not attend parent teacher conferences, had to get a court order to force him to take them to their extracurricular activities. Need I say more?

He can get a non-union job anywhere else. I am not asking him to jeopardize his union standing (although I know he works side jobs which DO violate it but I cannot prove unless I have him followed). His unemployment is gone, as are union benefits. He had cs lowered on basis of losing union benefits. He is making nothing, refusing to get a job and trying to still control everything even though he does not want the kids. I did ask, 2 years ago (prior to youngest being old enough for school) if he would babysit and we could meet in the middle for drop-off/pick-ups. He said since he was doing ME a favor I should drive her all the way to him, far out of the way for work (I also take the train), and then I would be responsible for gas/parking/etc. which would void the savings anyway. Plus it would keep me away from oldest for extra 2+ hours every day as well! My parents watched my oldest before/after school, but also worked.

So, that is why I am asking for sole custody and to impute income...

Edit to tell you all that he has been consulted on all issues, just stated he does not want to pay, doesn't care aboput the details.

 

[mistoffolees]

None of that amounts to a change in circumstances under the law. You're not going to get sole custody on that basis.

As for imputing income, see my earlier post.

 

[LdiJ]

Is he trying to claim that he has to agree to the children attending daycare AT ALL. If so, the judge will rip him a new one for that. Its not required that he agree to the NEED for daycare, only where that daycare takes place. If he never objected to where the daycare takes place, then that constitutes an agreement.

However I also don't see a true change in circumstances that would make sole legal custody applicable.