Legal Question in Family Law in Illinois

child support revision
My ex-husband and I were divorced over 4 years ago and we have a daughter who is now 6.

We have joint custody and
i am the custodial parent.

The amount of support that my daughter recieves is an amount that he and I agreed upon. He never had to prove income to the court. He lives a very, very lavish lifestyle and his family has all of their money hidden and in trusts. So, to avoid my attorney looking through his records, he convinced me that the support amount was generous.

I am convinced that he has inherited large sums of money and that he has cash to burn. Meanwhile, my daughter and I struggle.
Without retaining an attorney, how do I file amotion with the court to look at a possible revision in support? I just want him to be accountable and for her to get her fair amount based on the formula the state applies to income.

I appreciate any advice you have to offer.

Asked on 1/01/08, 10:05 pm

2 Answers from Attorneys

John Steele Steele Law Firm

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Re: child support revision

Anyone can file a motion to modify child support. However, you have to look at the situation. If he really has money, then his family will get an attorney. The attorney will know how to fight your motion, and you will not know how what you must argue in court. So while you certainly can file something, you must ask yourself if you feel that you know the statute and prior caselaw well enough to go up against an attorney in court. One thing that might help you: Under certain circumstances, your attorney may petition the court to compensate you for your legal fees. Feel free to call or email me if you would like to discuss this further. If you are determined to try this on your own, I wish you the best of luck.

Answered on 1/02/08, 9:48 am

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