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Filed a motion to modify child support (IL)

Started by Iceman21, Oct 31, 2012, 01:40:06 PM

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Iceman21

Alright so there is a long story behind how we got here but here are the cliffs notes:

1 year ago I broke my foot, had surgery and was off work on disability for nearly 3 months. I got 6 weeks behind on child support. Was taken to court by BM and subsequently found in contempt. Ordered to pay an additional $50 a week in child support ($248 per week total) to pay $1500 in back child support and also an additional $50 per week to pay legal expenses of $3000.

Work messed up and missed one payment of $250, called BM and asked to pay her $80 a week in order to make it up as I couldn't afford to walk away with less than $200 for that week and she said no. 4 weeks later found myself back in court for the $250 payment with BM and her lawyer trying to place me back in contempt.

The judge for our case was not in court that day and we had a replacement judge who said that he could not rule on the comptempt because the previous judge did not order a purge document. Then told BM and her lawyer to basically get out of the court room and told me, the DH, to file a petition to modify child support.

I filed the motion but I am not sure what I need to bring with me for the motion and where I should go with my need to reduce the child support. I know that I am paying too much, especially for the additional monies for the legal fees and the back child support.
Any ideas what I should do?

gcthief1

In IL all you need is 6 weeks of back wages and make sure you do your finacial sheet that you can get from CS Services. They will also want any back tax papers. Since you are behind there is also interest being charged to you at 9% annually. The last thing you need to do is find out what percentage is being taken of your check each week. The maximum allowed is 50%. I just got done with a CS order case and found out that the courts and CS Services had it set up that over 100% of my check was to be withdrawaled each week. Since my checks where less then my CS they took 50% of my check and chared me with back support. The states attorney office in your county will help you with the modifcation as well if you need free legal help. That's who did mine. I hope this helps.