Full question:
My husband has been diagnosed as bi-polar (12/06). Before this he had an episode where he had an affair, filed for divorce from me (which he has dropped) and fathered an unwanted child from the married woman he had an affair with. It is my understanding that since she was married at the time of conception and not legally separated from her husband the state will assume that her now ex-husband is the father and hold him accountable for child support until they prove otherwise. If paternity is established and my husband is the father, he does have the right to terminate his parental responsibilities which would still involve paying child support but not require any visitation, correct? Since we already have three children to support and he is the sole provider for our family, can the court order him to pay the full amount to this other woman for child support? I know the court can but how likely is it that the court would take away from the other children to pay for another one?
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: Illinois
Answer:
The court may order either or both parties to pay child support in an amount reasonable to provide for the child's necessary needs. The State of Illinois has enacted child support guidelines which establish the amount of support which is presumed to be correct. The court may deviate from the guidelines, however, when it finds that the application of the guidelines would be inappropriate, after consideration of the following factors: 1) The financial resources and needs of the child; 2) The financial resources and needs of the custodial parent; 3) The standard of living the child would have enjoyed had the marriage not been dissolved; 4) The physical and emotional condition of the child and his educational needs; and 5) The financial resources and needs of the non-custodial parent.
If the court deviates from the guidelines, it must state its reasons for deviating from the guidelines and state the amount which would have been required under the guidelines.
The court shall also include in any order for child support a provision providing for the health care coverage of the child.
"Termination of parental rights" is a legal action of the court or a voluntary action by the parents which relieves the birth parents of a child of all parental responsibility for the child and deprives them of all legal rights with respect to the child.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
