Father denied child support
by M
(Pekin, Illinois, USA)
My husband is the custodial parent. In June, he was awarded primary residential custody, while the mother received visitation. The judge chose to waive child support at that time, and told my husband he could "file later" to have it changed.
In November, my husband filed for a modification because his ex repeatedly refused to help support their daughter. Originally, his requests were for school clothes, winter clothing, and things like that. After she refused, he filed. He was granted a hearing in December.
The judge denied his petition and allowed the mother to get away with not paying support, citing that there was not a "change in circumstances" from the date of the original order.
Life in our household has become strained due to financial issues. We don't know where to turn next.
We are still paying off lawyer's fees from the custody battle that took over a year, while the judge granted the mother every leniency possible. The one time my husband made a request, it was denied. Before this, they had 50/50 custody.
According to Illinois law, neither the parents or a court can waive the child's right to child support.
To me, this is illegal and a violation of his rights both as a father and as custodial parent. It is discrimination because if the situation was reversed, the mother would likely have been granted child support from the beginning.
