Legal Question in Family Law in Illinois
I have been paying child support for 9 years on 2 children. The oldest turned 19 in November. My income has raised some over the years as has hers because she was not working at the time and now works fulltime. I pay for their insurance which has also went up , as well as half their medical bills and cell phone bills. Now it is under modification and I'm being required to appear in court to prove my case. When my oldest became an adult shouldn't it automatically be modified? I am not in a position at this time to financially hire an attorney
1 Answer from Attorneys
Unless your divorce judgment provides the new amount (which they rarely do),. your support does not automatically modify. It is your burden to seek the modification. While your income may have gone up, the law regarding child support calculation has radically changed. It was once purely percentage orders, now the law uses a shared income approach. You and your wife have to complete Financial Affidavits disclosing your respective incomes, those figures are put into the support calculator and your support is calculated. Be sure to have proof of what you are paying for the child's medical insurance as well as yours as they reduce your income for the purposes of the calculation.
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