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Nov 29
1999
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Question:
Hi, How is child support determined if the father has a job such as a roofer that works seasonally? Is it based on his past tax records? Or his current hourly? Can a unwed father get joint physical custody in Illinois if his child has reached age 12 but he has always been involved in the child's life and the mother has never taken him to court for child support (no court orders exist)? Thanks for your time and information.
Answer:
I cannot answer your question specifically to the laws of IL as I am not licensed in that State. In my jurisdiction, the Court is allowed to review the past three years of income and take an average of that income. It is possible to get joint physical custody in a paternity action. The court will look at the totality of the circumstances to determine what is in the best interests of the child. If the child is of school age at a minimum, you must live reasonably close to the child's school to get the child there on time each day of custody.
