HELP child support IL modify how to deviate???????

[wallyworld]

Myex wife (who resides in FL) has finally hired an Illinois attorney to modify the child support in Illinois. We received this from her attorney:

A request for documents ( W2s etc...)

A Financial Affidavit was also included.

A motion to modify child support due to my income increasing and the expenses of the minor child increasing.

Here is the exact motion:

Comes now, respondent herein, EX WIFE, by and through her undersigned attorney, james e , and for her motion to modify child support1.
1. An order was entered in this matter on or about april 21, 2001 in which child support was set at 70.00 per BI MONTHLY pay period, based upon pertioners BI MONTHLY income of 703.66
2. A substantial chage in circum. has occurred since the entry of the judgment to wit:
a. The respondent (ex) verily believes the income of the petitioner (me) herin has increased.
b. the expenses of the minor child has increased.
.3. Petitioners obligation to pay child support should be LOWERED to reflect his current income.

Wherefore, the Respondent respectfuylly requests child support should be increased to the relevant statutory amount.

signed _____ her mixed up attorney


In the motion on the second number he states that a substantial change in circumstance occured in that my income has increased and the expenses of the minor child increased Furthermore in number three the lawyer typed a typo he wrote... Petitioner's (me as I was the origninal petitioner for the divorce) obligation to pay child support should be LOWERED to reflect his current income. Obvisouly he meant to say Increased.

Also in the beginning of the motion he states my BI MONTHLY income in 2001 was 703.66. THat is totally untrue. My cs agreement states that My BI WEEKLY inocme was 703.66 NET.


I have no problem with her child support being highered (as I make more money than i did then); however, I have our daughter for 1/4 of the year (all summer) and many long holidays.

She still recieves child support when I have our daughter for the long holidays

I do 3/4 of the driving to pick her up for our visitaiton.

I will be paying for for my daughter 100% when she resides with me over the summer.

I pay medical premiums and out of pocket expenses

I DO NOT claim her on our taxes.

I have to supply 100% of her clothing during our visits due to the mother providing clothing/shoes that doesn't fit or that is stained (I have recipts for clothing I purchased) I only have ONE pic. of a pair of jeans that do not fit as my computer crashed and all my other pics were deleted. It was ordered in April that SHE provide clean clothing that FITS etcc.. So she is in contempt at this...

Also with my current finances I have NO leftover money in my account as I have been bouncing checks weekly due to high medical/lawyer bills.


--In the paperwork tha attorney sent me it is NOT listed anywhere about how I could put in a request to diviate from the guidelines.

1. How do I include a request to diviate from the guidlines and request the child as an exemption on MY taxes with the paper work he gave me (he gave me NO petition only a motion)?

2. Do I return copies ONLY to her attorney of do I submit copies to the court as well.

3. What is the diff. between a motion (as this is what I recieved) and a petition?

4. Antything else that you think may help my case of what I need to do.

5. how do I go about asking for the child exemption for taxes?

6. Does the typo mentioned above mean anything and what do I do to correct hwere he listed BI MONTHLY instead of BI WEEKLY?

 

[cathy]

For Illinois, from http://www.divorcenet.com/divorcenet_2/states/illinois/illinois_child_support_faq

 court may deviate above or below these guidelines based upon the best interests of the child be considered in light of evidence including but not limited to the following relevant factors: 1. the financial resources of the child; 2. the financial resources and needs of the custodial parent; 3. the standard of living the child would have enjoyed had the marriage not been dissolved; 4. the physical and emotional condition of the child, and his educational needs; and 5. the financial resources and needs of the non-custodial parent. A court may deviate below the guidelines only upon entering specific findings to justify the lower amount. No specific findings are needed to deviate above the guidelines, but in practice, the courts generally state their reasons, which usually have to do with the children's special needs or the condition of the custodial parent.

Go to google and search on "illinois child support deviate"
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Now - if Illinois is the similiar to North Carolina, you can pretty much hang it up.  Child support is presumptive and it is VERY DIFFICULT to get a deviation from the guidelines.  From the states view, they have spent a great deal of time and resources in formulating the guidelines - incorporating the types of issues you mention.  It takes an EXTRAORDINARY situation to deviate - - -and remember, the burden of proving a deviation is valid in on the person paying the child support (which would be you).

My husband recently got a child support order against his ex-wife.  Her lawyer filed for a deviation - - - Her basis was that we (me and my husband) made SOOO much money and she didn't, and that her and my husband's older child (who was 19 1/2 at the time) had Asperger's and should be consider (which didn't happen for a couple of reasons - first, she offered no proof that this "kid" couldn't function as an adult and second, North Carolina only provides for "children" over the age of majority to be considered in CUSTODY issues, not child support).

Our lawyer said she had only been successful in getting one deviation in her career - and that was an extreme case.  It was also only temporary and the deviation only lasted a few months until the ex could get a steady job.