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
1 Answer from Attorneys
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.