Legal Question in Family Law in Illinois

multiple motion filed by Ex

Ex wife filed 3 petitions to modify custody, modify child support and amend a judgment for back child suport. The Joint Custody agreement was filed 08/23/06, the judgment 11/06 and the child support 07/07. We feel she filed only because my husband filed a motion to enforce visitation. Is it hard to prove this? Can the judge dismiss the motions based on the fact there are no facts to support significant changes?


Asked on 10/04/07, 6:21 pm

1 Answer from Attorneys

Amil Alkass LAVELLE LAW, LTD

Re: multiple motion filed by Ex

Unless agreed by the parties, no motions to modify a custody judgment may be made earlier than 2 years unless the court permits it to be made on the basis that there is reason to believe the child's present environment seriously endangers the child's physical, mental, and emotional health. Based on that, unless the moving partying show facts to support this, the Judge should deny the request. Also, unless there has been substantial change in circumstances, it would be unlikely that a modification of child support would be made. Please understand that are many factors involved with this which are beyond this forum. Feel free to email me for further explanation. I would recommend retaining an attorney as there are many consequences involved. Good luck.

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Answered on 10/04/07, 8:42 pm


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