IL child support modification

[wallyworld]

information:

in april 2004 I won in court in FL for IL to keep con. exclus. juris. on child support.  As of today, ex has NOT filed for child support mod. in IL.

I pay 100% of insurance premiums and most (if not all) out of pocket expenses even though the decree states she is to pay 1/2.

I was awarded liberal visitation in court in FL as well.  Every summer from one week after school lets out until one week before school begins.  Although, ex let me pick my daughter up 3 days early and is letting me keep her about 3 days later than order states due to HER college class times.  I was awarded alternating xmas/spring break holidays as well.

I was ordered to do most of the driving.  All spring break, ALL xmas, and 1/2 of summer.

I pay child support the entire year, even when my daughter resides with me (for the entire summer AND long school holidays)

1. What is the probability that I can get child support prorated based on having my daughter EVERY year for about 1/4 of the year.

2.  What are the chances that I could be awarded to claim the child on taxes at least every other year?

3.  Any case law to support my case?

[socrateaser]

>1. What is the probability that I can get child support
>prorated based on having my daughter EVERY year for about 1/4
>of the year.

If you can prove that your actual time with the child substantially exceeds the court ordered time, then you can get a support mod based on these grounds. Otherwise, not.

>
>2.  What are the chances that I could be awarded to claim the
>child on taxes at least every other year?

Not enough financial facts, and was this issue ever covered in a prior order/judgment?

>
>3.  Any case law to support my case?

Tons in support and tons in opposition. You haven't made a really persuasive case to me yet, so I can't comment on the possibile case law that might apply.

PS. If she's routinely not paying her court ordered part of the unreimbursed healthcare, and you have given her receipts for same, then you should file for contempt. That will give you some leverage to obtain some of the things that you want via negotiation.