Legal Question in Family Law in Illinois
another child
If a divorced man paying child support for 1 child gets married and has another child, in Illinois, is it possible for the child support amount to be adjusted down to take the new child into consideration?
Asked on 12/28/07, 2:13 pm
2 Answers from Attorneys
Joseph Michelotti
Michelotti & Associates, Ltd.
Re: another child
Probably not.
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Answered on 12/29/07, 5:33 pm
John Steele
Steele Law Firm
Re: another child
You can argue that there was a "substantial change in circumstances", and thus there should be a modification of child support. This requires you to petition the court, and since it is very grey (both parties argue the meaning of "substantial, "voluntariness", etc) you will need an attorney to handle the oral arguments before a judge to realistically hope for a downward departure.
Answered on 12/28/07, 2:39 pm