Legal Question in Family Law in Illinois
Child support
I have been divorced for 5 years, I have a no fault divorce, my husband has been sending $100 a month. But I know now that he has his own business, plus he has a great job, all together pulling in about $100,000. Can I re-open my case and ask for more child support. My child is 13 and I need more than $100. Your help would be appreciated.
2 Answers from Attorneys
Re: Child support
YES! You are allowed to file a petition to amend the child support order whenever you can show a change in the circumstances. The passage of time, thew increased costs of raising your child and your ex's increase in income qualify . You are entitled to 20% (for one child) of his net income. If most of his income is salary the calculations will not be too difficult. If the majority is self-employment income the determination will be much harder.
Re: Child support
Of course you can. If you are on any kind of public aid the Child Support Enforcement Agency can assist you. If not, you can file for an increase in child support due to change of circumstances. The tough part is that if he has his own business it's harder to prove what he earns compared to someone who has a paycheck.