Legal Question in Family Law in Illinois

I am recently divorced and paying child support for three kids. My ex-wife makes more than enough money to survive. I currently live with a friend because I'm not able to afford a rent or mortgage. I wondered if it's possible to reduce the amount due to financial hardship. The house and all vehicles are in my name. She currently lives in the home with the kids. Our debt during marriage was split but all in my name. The agreement between us was to reduce the child support in the amount owed for her half. (ex.) car payment is $300 so child support is reduced by$300. She recieves $1600 per month. I reduce her child support by $600 to cover the loan for cc debt, that she claimed she couldn't pay and also vehicle. The year that was used to calculate child support I was married claiming 8 fed. and ins. premiums were very low. Also I made more due to the fact that bonuses were reduced. That's the other issue I have, bonuses are never guaranteed and have gone down since then by thousands.


Asked on 2/04/10, 10:59 am

1 Answer from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

So what are you asking. ormally the person who gets the car gets the payment. Debts usually means unsecured debts, not secured debts. The judgment should be specific as to which debts have to be paid. If you are saying the support was miscalculated, your support should have been calcukarted based upon correct deductions. If they were not, you need to file a motion to modify support.

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Answered on 2/09/10, 2:21 pm


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