Legal Question in Family Law in Illinois

Hi. I need my child support and back child support modified so that I can survive. I am divorced and currently live with my mother and her husband because I cannot afford to rent an apartment on my own. My time is limited there. My ex and I have two sons..13 and 16. I make approx. $9.00 per hour and when I work 40 hours�between child support, back support and taxes�I bring home around $80.00 per week. My ex. lives with her boyfriend and our two sons. She has a Master's in teaching and teaches in an elementary school. She and her boyfriend purchased a nice house here in the Northwest Chicago Suburbs about a year ago. They are living quite well. I am not trying to get out of paying child support or the arrears�but I desperately need to have my payments modified so I can live as well. I have not been able to afford a vehicle nor could I afford to maintain one with my current economic status. I should have modified this some time ago however I did not have the money to hire an attorney when the judge ordered me to pay back support, etc. so I was not represented. It was pay or jail. My mother is willing to help me with an attorney so I able to get on my feet.

Thanks.


Asked on 12/30/13, 8:47 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

If you are paying more than 28% of your net income, you may be entitled to a modification. Your ex's income and situation is not a basis for modification. But the fact that you have an arrears already might result in the amount of support staying the same.

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Answered on 12/30/13, 9:18 am


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