My Ex- Won't Get a Job

[mscoby]

My question involves child support in the State of: IL
My ex has been unemployed for a year and 7 months. He lost his job 12/11. When he lost his job my support was reduced to $350 a month. 28% of his unemployment for 2 children. His parents came into some/ lots money May of 2012. Prior to my ex losing his job I received $1050 a month. That was still lower than the 28% in IL for two children. At the time of our divorce, I agreed to the lower amount in return for full custody. Now 7/16/13, he is still paying the $350 a month. He states his parents are not giving him money, but they did pay off his house (prior our marital home) value $250,000. They bought him a new car value $56,000. He also states he will never return to work. He is remarried and has two children from that marriage. His current wife works as a teller at a bank and does not make very much money. I'm afraid if I return to court they will reduce my support to zero. Since it is his parents that are rich not him. Thank you

[Antigone]

My question involves child support in the State of: IL
My ex has been unemployed for a year and 7 months. He lost his job 12/11. When he lost his job my support was reduced to $350 a month. 28% of his unemployment for 2 children. His parents came into some/ lots money May of 2012. Prior to my ex losing his job I received $1050 a month. That was still lower than the 28% in IL for two children. At the time of our divorce, I agreed to the lower amount in return for full custody. Now 7/16/13, he is still paying the $350 a month. He states his parents are not giving him money, but they did pay off his house (prior our marital home) value $250,000. They bought him a new car value $56,000. He also states he will never return to work. He is remarried and has two children from that marriage. His current wife works as a teller at a bank and does not make very much money. I'm afraid if I return to court they will reduce my support to zero. Since it is his parents that are rich not him. Thank you

So what if his parents are millionaires - he is not.

[llworking]

My question involves child support in the State of: IL
My ex has been unemployed for a year and 7 months. He lost his job 12/11. When he lost his job my support was reduced to $350 a month. 28% of his unemployment for 2 children. His parents came into some/ lots money May of 2012. Prior to my ex losing his job I received $1050 a month. That was still lower than the 28% in IL for two children. At the time of our divorce, I agreed to the lower amount in return for full custody. Now 7/16/13, he is still paying the $350 a month. He states his parents are not giving him money, but they did pay off his house (prior our marital home) value $250,000. They bought him a new car value $56,000. He also states he will never return to work. He is remarried and has two children from that marriage. His current wife works as a teller at a bank and does not make very much money. I'm afraid if I return to court they will reduce my support to zero. Since it is his parents that are rich not him. Thank you

They won't reduce his support to zero...he can be imputed an income if he refuses to work. The problem is that he can be imputed anything from 40 hours a week at minimum wage, up to the same amount he was earning when he lost his job. Its impossible to know what the courts will impute. So yes, you do have some risk (assuming that he is at least paying the 350.00 a month now) if you take it back to court.

[mscoby]

That is true and I stated that, but they are paying everything for him and he refuses to return to work. How can someone not return to work for over a year and 7months and live off of mommy and daddy and not take care of there kids.

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Thank you llworking. Much nicer and more informative than Antigone.

[Antigone]

That is true and I stated that, but they are paying everything for him and he refuses to return to work. How can someone not return to work for over a year and 7months and live off of mommy and daddy and not take care of there kids.

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Thank you llworking. Much nicer and more informative than Antigone.

My answer was legally accurate, it is just not what you wanted to here. It is not illegal for this man to not work. It is not illegal for his mommy and daddy to financially support him. You are more concerned with the morality of the issue - this is something we can't control, and we cannot answer for you.

[FatherWhoWon]

My answer was legally accurate, it is just not what you wanted to here. It is not illegal for this man to not work. It is not illegal for his mommy and daddy to financially support him.

I think mom said just about as much herself in the original post, actually. And no, I don't think she wanted to hear you repeat it to her, since its not really helpful.

You are more concerned with the morality of the issue - this is something we can't control, and we cannot answer for you.

It seems to me that mom is more concerned with what legal options she has, if any, and is hoping that she does indeed have some considering the circumstances. As well she should. If I were mom I'd try putting some numbers in a child support calculator for my state (a quick google search should turn that up fairly easily) and test out different possible "scenarios." For example, try putting dad's income in at minimum wage and see what pops out, keeping in mind that dad may or may not get an allowance from the judge for his two new children. It may be that even that comes out to more than $350 per month for two kids, especially if daycare expenses are involved. Then consider whether or not it would be a good idea to go back to court on the premise that dad is voluntarily unemployed and his earning potential is $X to see what a judge thinks is fair. Even showing up to court with advertisements for jobs in dad's field of work can sometimes help a judge understand that dad may have more employment options than he is letting on if he cries about not being able to find a job.

[Antigone]

How can someone not return to work for over a year and 7months and live off of mommy and daddy and not take care of there kids.

This is not a legal question. Hence my response.

[FatherWhoWon]

Actually, it is. And mom has the legal options noted above by myself and llworking, and perhaps other legal options we are unaware of.

[EA1070a]

Mom and dad can provide for their son in any way they see fit. Period.

[Antigone]

Mom and dad can provide for their son in any way they see fit. Period.

Now, now EA that isn't what the OP wants to hear