Legal Question in Family Law in Illinois
not quite right?
my boyfriend got divorced in Ilinois 2 years ago and has an 8 year old daughter. at the time of the divorce, his wife stated in the ''expenses'' portion of the child support documentation that her mortgage was $2,500 a month and that she had all these utility bills, etc. however, she sold the house (which she got) right after they were divorced and took the $250K profit and he only got $40K.
she and his/her daugther have since then lived with her parents, who are quite wealthy, and lives there for free.
my boyfriend pays $326 every pay period and technically should be paying more because he has gotten a pay increase, but she hasn't taken him back to court. he also has visitation every other weekend.
he is struggling to make the $326 biweekly payments and is filing for bankruptcy because he got ALL of their debt in the divorce...
does he have any chance in getting his support lowered? or should he leave it alone since he should be paying more as is, but isn't??
3 Answers from Attorneys
Re: not quite right?
He can get it lowered, but the past support is very difficult to change.
Re: not quite right?
From the information you have provided, it would seem he should be able to have his support lowered substantially. Then again, you are saying he makes more money, so an analysis of income would be necessary. The basic one is 20% for one child of net income (There is a very specific calculation of what net income is).
Re: not quite right?
will answer this in other post
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