Legal Question in Family Law in Illinois

modification of child support

I recently had child support increased due to change in

circumstances. I believe the merits of change as well as

the new amount are disputable. Can I dispute both? In

other words, does disputing the amount means that I ''agree''

to change itself?

Thanks!

Peter


Asked on 3/30/06, 3:46 pm

1 Answer from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Re: modification of child support

Hello. The best way to dispute child support in

Illinois is to show that your net income is less

than what the Illinois Compiled Statute says it

should be for the amount that you are paying. If this is true, you should (get a lawyer) and

go back into court on a motion to reconsider

if you are within 30 days of the last court order

as to child support. Otherwise, you will have

to file what is known as a 2-1401 motion to vacate and must include an affidavit. This is

a complicated process. If you had a lawyer the

first time around, use him or her again. Doing this alone can be frustrating and financially

painfully, because the court may sanction you

(impose a fine) if it determines that there is no

legal basis for your efforts to reduce child support. I will be happy to answer any additional questions that you might have.

Read more
Answered on 3/30/06, 4:05 pm


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