My question involves child support in the State of: Illinois
I have been “fighting” this out in court since my daughter was 2 months old. She is almost 7 now, so this is getting monotonous. After almost 7 years of a private attorney, I have decided to allow the State and Dept. of Healthcare and Family services assist me (I ran out of $$) but I am real confused about this process.
I filed the paperwork to start this process again through the State in February 12, 08. March 5th the NCP has filed for a modification, so we filled out the paper work for this. Yesterday, I received a letter in the mail stating that they are sending it to the IV-D legal rep and I will be notified if I need to attend court. I will receive the new support order when it has been modified. I have called all of the 800 numbers to get some answers and I am not sure where go:
#1 Will I be able to attend court? Do I get to talk to the DA before they go in front of the judge? Do they look at all of the court appearances we have made in the last 7 years?
#2 The NCP is 17k+ in arrearages and he has his own “business” but a lot of his income is paid in cash so it is untraceable, so when he filed his taxes last year, it looks like he made close to nothing. Will the court take into account that before he decided to open his own business he was making 80k? He is healthy and nothing is wrong with him, he just doesn’t want to take a job that is “below him”. Will they also take into consideration that he does have a home (I do have a lien on it) but he is managing to pay the 900.00 per month mortgage, go boating (we are talking not a fishing boat but a 26’ cruiser), just got a DUI (able to pay the big $$ for an attorney and the fines) etc. but close to nothing for support?
#3 Can they totally modify all of the issues in the Financial Portion of the order? The current order is dated 10/17/07. Meaning I do know they can reduce his support but can they decide that he isn’t responsible for the medical insurance, paying half of out of pocket expenses for medical or even modify the arrearages?
If anyone can help with these questions, I would appreciate it.