Legal Question in Family Law in Illinois
abatement
I am self-employed and want to find out how to file an abatement or reduction of child support in cook county, IL. I was in the red the previous previous year. My support was based upon a full-time job I took. What figure on the tax return is support based upon. Is it the gross sales or the bottom line? Also if I get six weeks visitation can an abatement be filed for this time since I do not get to see my daughter since I live in another state? I had an attorney but he seemed not to worry about these issues since (visitation) was not filed in the petition.
1 Answer from Attorneys
Re: abatement
Hello. Your child support is based upon your net pay; not your gross pay.
There is no reason why you should not be able to see your daughter, even if you are in another state. This can be worked out and the court, in my opinion, will encourage it. In Illinois the best interest of a child is the standard that courts use for making decisions involving children. I suggests that you take action to see your child by getting a motion for visitation filed and before the court. Certainly you should move quickly to get child support reduced in light of your present employment situation. When a person is unemployed, the court will suspend chid support, but will not abate it which is what happens when a child graduates from high school and is 18.
It is likely that the court will require proof that a person is seeking employment when they are unemployed in the form of a "job search diary." I will be happy to discuss this further and in more detail.
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