Legal Question in Family Law in Illinois

Family Law

What steps should be taken to ammend a child support order in a case that the custodial parent is no longer in physical custody of the child? The child's mother, custodial parent, has lost her home, car, job and given her mother physical custody of the child, yet the father, non-custodial, is still ordered to pay child support to the mother...is this legal?? What to do?


Asked on 11/16/07, 4:41 pm

1 Answer from Attorneys

John Steele Steele Law Firm

Re: Family Law

There are several issues here. First, if it is no longer in the child's best interest for the mother to have custody of the child, the husband can fight for that. From what you described that should be relatively simple. Second, it is extremely unlikely that a court awarded the custody of the child to the child's grandmother. The father still has rights regarding that decision (normally). Third, the non custodial spouse has to pay support until the court rules otherwise. The support is not for the benefit of the custodial parent, but for the child. And regardless of how the mother is acting, the child still needs financial and emotional support. If you are interested in stepping up and getting this child in a better situation, contact me.

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Answered on 11/17/07, 10:52 am


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