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  1. #1
    Join Date
    Mar 2008
    Location
    Illinois
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    10

    Default What Happens In Child Support Modification Hearings

    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.

  2. #2
    Join Date
    Sep 2005
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    Default Re: What Happens In Child Support Modification Hearings

    Read this guide [PDF] to modifying child support in Illinois.
    Quote Quoting Lexi'sMomma
    #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?
    You partially answered the first part for yourself: You will be notified if you need to attend court. There's a full explanation of court proceedings in the previously referenced guide. They can look at the case history if they believe it is relevant.
    Quote Quoting Lexi'sMomma
    #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?
    You have not previously asked that they impute income based upon his past earning capacity? If not, why not? Did you ask this time?
    Quote Quoting Lexi'sMomma
    #3 Can they totally modify all of the issues in the Financial Portion of the order?
    They can address any issue that is before them. If all of those issues are before them, then yes. Read the petition for modification.

  3. #3
    Join Date
    Mar 2008
    Location
    Illinois
    Posts
    10

    Default Re: What Happens In Child Support Modification Hearings

    Thank you for your help.

    I finally received a response from Family Services and what the 800 number told me is incorrect (which is why I was so confused). I DO have to appear; it is not optional. That did make me happy.

    As to the second question about his earning capacity, The order is set up currently on his capacity and I didn't know if the judge will look at the NCP and say poor boy, since you own your own "business" and aren't making any $$ you don't have to pay cs or not. In the past, the judges were not so understanding but since I am going through another outlet and HE is requesting the modification, this is why I am confused.

    I did read the petition, which it was just addressing current cs. I apologize I guess I was looking at worst case situation. I didn't want to get into court and get hit blindly.

    Thanks so much for your help!

  4. #4
    Join Date
    Sep 2005
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    Default Re: What Happens In Child Support Modification Hearings

    Depending upon state law, local practice, and the wording of the petition, asking for modification of "current child support" may be sufficient to implicate all aspects of child support. Ask Family Services what issues they'll revisit, or consult a local family lawyer.

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