Illinois child support modification

[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?

[socrateaser]

>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)?

You are asking me how to be an attorney, and I can't really answer you directly. You must write a response to the allegations in the motion, and address each issue that you believe argues in your favor and/or against your opponent's.

For example, if you believe that the other parent's income and net worth has increased from the time of the last support order, and that this should argue for the court to order her to share a portion of the transportation costs, then you must demonstrate this by supplying your evidence in the form of documents, affidavits and/or testimoney, and then you must apply these facts to the relevant law and show the court exactly why it should order in your favor.

This is not a trivial exercise, although most attorneys generally trivialize it, by writing a very short argument and then trying to "wing it" in court by negotiating with the other attorney in the hallway and/or orally arguing it out before the judge.

In order for me to write you a winning brief, I would need to know everything about you and your ex's finances, and I would need to review your ex's motions and supporting evidence and argument.

And, I would be charging you a lot of money for this exercise (i.e., $2,500).

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

I don't know the specifics of IL legal process, so I cannot tell you what to do.

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

A petition or a complaint, depending upon whether the action is filed "in equity" or "at law" (irrelevant to your circumstances), is the first document presented in a legal action -- it states the ultimate facts and law that a party alleges as true, and, that, if proven, would cause a court to grant relief in that parties favor. A motion is an application for a specific order or judgment.

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

Hire a lawyer.

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

The court will not order this in your favor. You will need to negotiate for it as part of a stipulated order.

>6.  Does the typo mentioned above mean anything.

It means that your ex's attorney or the attorney's legal assistant is sloppy, which could mean that you may be able to win in some areas, where you would otherwise lose. It means nothing to the court, and it will be ignored.

[MYSONSDAD]

Mine crashed last year too. I had a computer specialist come out and he took my tower. Everything was still on the hard drive and he saved everything. Could be your hard drive still contains the pictures.

Worth a try!

Now I print the pictures out incase it happens again...

[MixedBag]

You have an e-mail if your address is still the same.

If not, let me know and I'll try again.