Legal Question in Bankruptcy in Illinois

Child Support Increase Due to Bankrtupcy Hardship!

Recently, Petitioner filed for increase in child support due to Defendant's bankrtupcy filing. Petitioner claimed "hardship." Defendant's attorney showed there was no "hardship" as the Petitioner is full time employed, has a live-in boyfriend, new car, new furniture. Three liens were placed on Petitioner's home (which was awarded to Petitioner through Judgment for Dissolution). Not one creditor is asking for payment. Judge ordered that child support be increased $50.00 per week due to hardship and that the Defendant has the ability to pay, along with paying the Petitioner's attorneys fees ($5,000). Defendant's attorney desires to appeal, am looking for sites, statutes, anything that could help in appealing this case. Defendant cannot work overtime because Petitioner will see that income increases and go back into Court for yet another increase. $180.00 per week for the next two years is a hardship on the Defendant! What can we do?


Asked on 12/03/99, 9:25 am

1 Answer from Attorneys
James Smith James E. Smith Ltd.

Re: Child Support Increase Due to Bankrtupcy Hardship!

This decision is discretionary with the Judge. Why waste time, energy and money over $50 a week?

If her boyfried makes good money it is not his obligation to support your family. Similarly your ex's income is irrelevant to your obligation. If you got rid of debt in bankruptcy you should have more disposible income for child support. That $5,000 awarded her in attorney's fees could have been 100 weekly payments if you had settled the case with her.

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Answered on 12/03/99, 5:26 pm


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