Just a Lawyer in Lincoln's Hometown

November 16, 2010

George, Doris & Mikey: Support?

Filed under: Family Law — Chuck @ 1:00 am
Tags: , ,

George and Doris were married years ago, and had Mikey. After their divorce, Mikey lived with Doris, and George paid child support. For years George worked a series of low wage jobs. He wanted to be a decent father and he always paid child support, but it was never very much. The judge set George‚Äôs child support at 20% of his net income, which worked out to $230 per month.  Even though she resents the amount of support, Doris has never sought an increase. Until Now.

George is driving a Mercedes. Doris is upset. If George can afford a Mercedes, even if it is used, he can afford to pay more than $230 a month! She takes George back to court for more support. After discovery, subpoenas, and a hearing (that her lawyer advised against), and $2000.00 in attorneys fees, she got an increase: $270 per month. George is only making $9.00 per hour and 20% of his net, according to the court, is but $270 per month. Because Mikey is a senior in high school, and support will end soon, she will lose money on the transaction!

Very upset, Doris demands to know how George can drive a fancy, expensive car, and only have to pay $270.00? Her lawyer reminds her of why her advised against the hearing: although George is living large, he still only makes, $9.00 an hour. He lives with Diana, a wealthy widow (times 3!), who bought the car for George. Because Illinois looks to the income of the non-custodial parent, and very rarely anything else, all the court looked at was that $9.00 per hour!

Chuck from Watson Law, LLC

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