Legal Question in Family Law in Illinois
joint custody
currently i have joint custody with my x wife and our daughter. i use to work 3rd shift and unable to keep my daughter overnight during the week. now i'm on 1st shift and i would like my daughter every other week and weekend. My x doesn't like that at all, plus i would like my child support lowered if not dropped she really doesn't like that. do i have any options?
2 Answers from Attorneys
Re: joint custody
Yes, you need to ask for a change in visitation and support. This is a post decree Petition to Modify and you should retain an attorney experienced in such Family Law matters. Not properly arguing the matter before the court can cost you since rulings by the court are more difficult to change.
Re: joint custody
You have the right to enforce the Joint Parenting Agrement as written. ZWhat ever it says about weekeneds and nights the court can make her do. If it does not than than you have to go to court and ask for a change in the schedule.
As to reduction in support you have to show the court that there is a significant change in the circumstances for them to allow you to rduce it. You cannot stop paying support unless your client is 18 and outo f high school or otherwise emancipated. You can temporarily stop paying if you are unemployed but you said you still work.
I charge $250 an hour to work on these types of cases. Please call if you have any questions.