Q: Can vacation time be added to overnights for child custody in Illinois?
I have 11 overnights with my child out of a total of 28 nights, and I also have 2 weeks of vacation time with my kids in Illinois. Can vacation time be added to the calculation of overnights? Additionally, how do these affect custody or child support arrangements in Illinois? I am trying to understand the legal significance of these overnights and vacation time, and how they might impact any potential modification of existing arrangements.
A:
Read here. When each parent has 146 nights this is the calculation.
https://brelaw.com/new-illinois-child-support-law/
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
In Illinois, vacation time is typically not added to the calculation of overnights for child custody purposes unless specifically agreed upon or included in a court order. Custody is generally based on the actual number of overnights spent with the child, as this is used to determine parenting time and, in some cases, child support calculations. The 11 overnights you currently have with your child would be counted separately from the two weeks of vacation time, which are often treated differently.
If you are seeking to modify an existing custody arrangement, the number of overnights can influence the decision, particularly if the modification involves adjusting parenting time or child support. In Illinois, a substantial change in parenting time or the circumstances surrounding the child's care could lead to a modification of the custody arrangement, which might affect child support obligations.
To fully understand the legal impact of your overnights and vacation time, it is a good idea to review your current custody order and speak with an attorney. They can explain how parenting time and child support are linked in your case and help you determine how any changes may affect future arrangements.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
