My Ex and I Have Joint Custody. Who Gets Financial Assistance?

 Posted on April 24, 2024 in Family Law

Low-income families in Illinois can apply for financial assistance from the state. This help is given through the Temporary Assistance For Needy Families (TANF) program, which is run by the Illinois Department of Human Services. To qualify for financial benefits, you must:

• Be pregnant or live with a child under 19

• Live in Illinois

• Be a United States citizen or meet certain immigration requirements

If you share joint custody with your co-parent, the state will consider only one of you to be “living with the child” for the purpose of receiving benefits. This article will discuss what joint custody is and how the Department of Human Services will decide which parent is living with the child.

If you have any questions about your custody arrangement, speak with a qualified Illinois attorney who has experience in family law.

What is Joint Custody?

Having joint custody often means the child lives an equal amount of time with each parent, but this is not always the case. Some parents with joint custody have a 50/50 arrangement, while other parents share physical custody of their children on a 60/40 or other basis. 

Joint custody also does not mean that both parents have equal decision-making responsibilities. One parent may be responsible for deciding for the child on certain issues, while the other parent makes the decisions on others.

The type of custody you have will be outlined in your parenting plan, which courts require parents to have when they get divorced. It is a legal document that lists important details about how you will share parenting with your ex-spouse. The provisions in your parenting plan are going to help determine who the child lives with.

How Will the State Decide Who the Child Lives With?

The child is considered to live with whichever parent exercises “the most care and control of the child.” In some cases, this is not readily apparent, especially if the child lives with each parent for an equal amount of time each month. The Department of Human Services will therefore try to determine who the child lives with by looking at certain factors:

• Does the parenting plan give the majority of parental responsibilities to either parent?

• What is the child’s actual living situation? Sometimes parents might agree to follow their own custody arrangement instead of the one in the parenting plan.

• Has one of the parents been ordered to pay child support? This is often the parent that is not living with the child.

• Are the child’s clothes kept by only one of the parents?

• Which parent takes care of the child’s medical care?

• Which parent is the contact for the child’s school?

Contact a Bloomingdale, IL Family Lawyer

Various factors can be used to determine who your child lives with. The best way to know how the state will determine this in your situation is to contact a DuPage County, Illinois family law attorney. The attorneys at Mevorah & Giglio Law Offices have over 125 years of combined legal experience and offer client-focused service. Call 630-932-9100 for a free consultation today.