How do child support laws work when one of the children no longer lives with either parent?
I live in Texas and pay child support to my ex-wife for our two kids who live in another state (Illinois). One of our kids moved in with relatives in another state and no longer resides with my ex-wife.
Do I have grounds to modify child support considering I should only be paying for one kid instead of two? Which state should I file the child support motion?
I am only licensed to practice law in Illinois so I cannot offer legal advice on divorce on the laws in other states. However, I can provide you with a general overview regarding jurisdiction and child support laws.
Because you reside in Texas, Texas would have jurisdiction for child support purposes. However, you could consent to Illinois jurisdiction and bring an action in Illinois if you so choose.
You may want to look into the statutory guidelines for child support in Texas to see whether Illinois or Texas is law is more advantageous in your situation.
In Illinois, your child support obligation continues until the child turns 18 or graduates from high school, whichever occurs later. Unless the relatives have legal guardianship over the child, you are still obligated to pay child support until the child reaches the age of majority.
According to the Illinois child support guidelines, your child support obligation is 28% of your net income for two children. While you will not be able to completely eliminate your obligation for this child, you may be able to obtain a deviation from the child support guidelines, so that your child support would be slightly reduced based on the fact that the child is no longer living with the other parent.
Your ability to obtain a deviation from the child support guidelines will depend on a number of factors, such as how long the child will be residing with the relatives, and who is financially supporting the child while he is there.
You should contact the divorce lawyers for men at Cordell and Cordell to discuss the facts of your case in more detail and analyze the likelihood of obtaining a reduction in child support. As a reminder, I cannot provide you with financial advice on divorce.
To schedule an appointment with a Cordell & Cordell mens divorce attorney, including Erin Brockhoff, an Associate Attorney in the Belleville, Illinois office, please contact Cordell & Cordell.