Illinois. 3 year old divorce agreement, seeking modification due to extreme change in circumstances, (massive income loss due to Covid19). My ex is going to hire a "more aggressive attorney". I currently pay her several hundred dollars a month MORE than what my income is.
The court has the discretion to make your new support obligation retroactive to the date that you filed your Petition to Modify. If the court does so, then any time lost because of a new attorney would not be an issue.
Child was born in Illinois. Both parents lived in illinois and child support order was established in illinois. Custodial parent moved to Mississippi and opened up another case for the same child. Mississippi issued an order of withholding at the same time Illinois was also collecting. Now the... Read more »
I was laid off due to Corona virus and hearing is a month away. Can I submit a letter to the court proving my job loss and reduce support while I wait for hearing? I'm also ordered to cover insurance. How quickly do I need to provide new coverage?
The fact that you have a Hearing scheduled indicates that you filed a Petition/Motion to Modify. The Court, in its discretion, can retroactively relieve you of your support obligation dating back to the date that you filed the Petition/Motion.
Continued but now is mentioning overpayment for her paid back. She is in community college, will he be granted me to pay the overpayment si CE she has a handicap and is in college currently still living at home with me, not sure if she can be on her own.
The answer to your question lies entirely on the extent of the child's disability, which you have not adequately described. I suggest you at least get a medical opinion. You should know that you have the right to petition the court to get your ex to contribute to your child's living...Read more »
My husband and I have been legally separated for 9 months, we do not have children together. He has a child from a previous marriage and the mother of the child wants me to contribute to paying for the child's post-secondary education.
Can the mother make\request the court to do that?... Read more »
You state that you can't afford an attorney, but you are being asked to contribute to a college fund. You are going to need to pay somebody. It's probably less expensive in the long run to hire the attorney. Seek out a free consultation and ask for a cost estimate.
Oftentimes, judges will order you to get a job, come back with a document you filled out showing that you applied at 20 places per month, etc. You have a child and you have a legal obligation to support that child. There are many companies who hire convcited felons.
I recently filed for cash assistance which of course now they're taking him to court for child support rumor has it he's going to fight me and try to get custody of our son what is the likeliness of him gaining custody. I have record of several times he did not show up for his weekends to... Read more »
and the other does not. How do I know which one is on file and approved by the court. Divorce was 5 years ago but now I'm looking at one version and my ex is looking at the other version. There are big differences between them.
If one copy is stamped "Filed" by the appropriate Circuit Court Clerk, it's a pretty safe bet it's the one that is in force (unless there has been a modified one filed later). The unstamped copy is probably a rough draft copy exchanged between the attorneys when they were trying...Read more »
The birth certificate. Does she have a right to keep my child away from me? She won’t even let me speak to her on the phone. I don’t have a lot of money. What’s my best course of action, for getting custody/visitation, and getting my name on the birth certificate. I live in Will County, Illinois.
You need to file a parentage action in Will County. First you have to establish that you are the father, before you have any right to custody or visitation, now called parenting rights and responsibilities. So yes, until you are established, she has the right to keep your child away from you....Read more »
My ex went into Hospital end of December 2019. I have been paying child support this whole time due to our court case being pushed back due to COVID. The last court case we had the judge stopped the child support order, however, didn't "order" the POA to give the child support back... Read more »
Can you? Maybe. Should you? No. Why would youj want to co sign on a house that does not legally belong to you and in which you have no right and no legal recourse if you end up being the person making the payments?
If my husband has been paying child support for both his kids since he divorced his ex wife and has never missed a payment and also sent extra money when needed, mind you this is just a set amount they both agreed on. Now since he married me she’s trying to get back child support from when they... Read more »
I am not sure what he has paid vs. What he should have paid vs. What the court order says. If there is already a court order and she wants some child support from prior to the entry of that court order, i am not sure she can do that. The better course is to bring all of your papers to a family...Read more »
My husband pays his child support in time and doesn't own any back pay. But the children's mother demands more money from him, since we just got married last year. We have a 5 month old baby together and he has 4 kids with his ex (they were never married). But now he has another... Read more »
Yes, a spouse's income is related to the standard of living that the child would have enjoyed had the marriage remained intact. The father has more money to contribute. More money is available to him, he can have nicer things because he married and has a 2 income family.
My grandson has been with me for 16 years, (that is his age as well). His father is out of the picture. His birth mother, in another county has began seeing him more over this summer. She now wants him to live there. She has not given one dime in child support, or done anything to help with him in... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.