Legal Question in Family Law in Illinois
Child support
I have been dovirced for 13 years and have 2 children living with my ex-wife. We settled on child support when divorced and my ex-wife agreed to never ask for more support. She remarried to a millionaire and recently divorced again. My children are 19 and 17. Now she is asking for more child support. I have not changed the amount for my one child but it is less than the 28%. She is requesting my last 7 years W-2 statements. It is my understanding she needs to go to court and request more support. What am I obligated to provide? I have never missed a payment, albeit my salary has changed and am paying for their college (50%). Can she legally go after prior years? Is it not her responsibility to request chagnes annually?
Thank-you
2 Answers from Attorneys
Re: Child support
First, you need to protect yourself. Do not provide anything to anyone absent the advice of an attorney or absent a court order. You are in the process of a "fishing expedition". A couple of thoughts to help you out. First, the 19 year old is an adult and you don't pay anything for that child. Second, the 17 year old is almost an adult. You should normally be paying 20% until the 2nd child is 18 (with certain limited exceptions).
It sounds like you need to file a Petition to adjust child support ASAP. Our firm does such "post decree" Petitions, and I have seen enough cases to tell you my gut instinct is she is coming back to you to fill in the amount of support she used to get from her 2nd husband. Feel free to call to see if we can help. Good Luck
Re: Child support
she can ask, but unless is is written somewhere, you don't have to give it to her. She can't go after prior years unless she filed a motion prior to asking.
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