Chicago, IL asked in Family Law for Illinois

Q: Reserved child support is a legal term?

My divorce decree says (joint parenting agreement)and child support is reserved because we share parenting time and we are paying half for all the children expenses and i provided health insurance for them, my ex husband has the residential custody for school purposes. Now he entered a "motion to set support" How can i persue?

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2 Lawyer Answers
Andrew John Hawes
Andrew John Hawes
Answered
  • Niles, IL
  • Licensed in Illinois

A: I'm not sure I entirely understand your question, but basically your ex husband is seeking to set the child support at a particular dollar limit, and to obtain a court order setting the amount. These orders can be difficult to modify, and you can only modify the amount through court order. You may want to consider hiring an attorney at this point because the order is likely to be the amount you are to pay going forward. Typically, support is set at the statutory minimum, which is 20% for 1 child, 28% for 2, 32% for 3, 40% for 4, 45% for 5, and 50% for 6 or more.

J. Richard Kulerski
J. Richard Kulerski
Answered
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: A Reservation of Child Support does indeed have legal significance. It means that the court decided to hold off on setting a child support obligation until the facts of the case change enough to warrant such an order.

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