Legal Question in Family Law in Illinois
Increase in Child Support amount
I divorced my exwife in 1999.At that time both of us lived
in Illinois. After divorce she wanted to move to NC and
accordingly it was stated in court order. But without informing court she moved to SC. She did not even bothered to inform me at all. To this date she lives in SC. At present I live in MI. Both of us signed a marital settlement agreement which clearly states child support amount to be paid and also states to be paid until emancipation of child. Now after five years she wants me to mail her my tax returns so she can file for increase in the child support. I have been married and my wife does not want me to give her our tax returns copy since her income is
also reported. What shall I do?
Since I signed a Marital Settlement Agreement clearly stating my visitation rights, child support amount and distribution of marital assets , Can my ex-wife demand my
tax returns and since I have a daughter with my wife now how
would court consider child support payment calculation?
Would wait for your response soon. Thank you inadvance.
3 Answers from Attorneys
Re: Increase in Child Support amount
The court where the divorce was granted has jurisdiction. You have to get a lawyer there and ask questions of the lawyer in that state. Bill Stern
Re: Increase in Child Support amount
Normally, the issue of child support is reviewable as long as child support is ordered to be paid. Your ex is well within her rights to seek an increase in support if warranted. Just like you are able to seek a reduction in the amount of support you pay depending on the circumstances. Has the case been transferred to a SC court? If not then the Illinois court still retains jurisdiction. Who is asking for your returns, the court or your wife? You must comply with the court's request but you don't have to comply with your ex's.You probably should contact an attorney to represent you in the court that has jurisdiction. Good luck.
Re: Increase in Child Support amount
There are many issues here. First, since neither of you now reside in Illinois, have either of you asked a court in Michigan or South Carolina to pick up jurisdiction. Also, how were you to exercise visitation if she was moving out of Illinois in the first place? This is too complicated to handle by e-mail. For more info. please contact me at (248)851-3171.