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  1. #1
    Join Date
    Jul 2013
    Location
    Chicago, Illinois, United States
    Posts
    1

    Default Modification of Support Based on Birth of New Child

    My question involves child support in the State of: ILLINOIS

    Current State: 6 yr marriage before separation, one child between us and my ex did not work after our child was born which was about 2 yrs, prior to that my ex worked and made varying amounts, my current income ~100,000/yr and unallocated support of 3300/mo being sent by my employer.

    Now I have a new baby that was born and I need more of my income to support my new baby and I want to know if anyone thinks the judge will accept a modification. I think the amount I have paid, now for 18 months, is WAY more than it should be and that it should also cease. I will still pay child support payments without question, but to my ex I would think I am no longer owing. If so, how does one even go about doing this. My ex has a lawyer, but I cant afford one (due to the amount I am paying in support payments) so I am going pro se and cannot figure which form to fill out or if the judge will allow for this. Plus, how do you ask the judge - form, in-person, a combo of both?

    Any help will be MUCH APPRECIATED as a status call is set for this week.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Modification of Support Based on Birth of New Child

    If you get any credit at all, it will be minimal.

    In the wise words of someone whose name escapes me, "Don't breed what you can't feed".

  3. #3
    Join Date
    May 2010
    Posts
    201

    Default Re: Modification of Support Based on Birth of New Child

    Spousal Support:

    (a-5) An order for maintenance may be modified or terminated only upon a showing of a substantial change in circumstances. In all such proceedings, as well as in proceedings in which maintenance is being reviewed, the court shall consider the applicable factors set forth in subsection (a) of Section 504 and the following factors:

    (1) any change in the employment status of either party and whether the change has been made in good faith;
    (2) the efforts, if any, made by the party receiving maintenance to become self-supporting, and the reasonableness of the efforts where they are appropriate;**
    (3) any impairment of the present and future earning capacity of either party;
    (4) the tax consequences of the maintenance payments upon the respective economic circumstances of the parties;
    (5) the duration of the maintenance payments previously paid (and remaining to be paid) relative to the length of the marriage;
    (6) the property, including retirement benefits, awarded to each party under the judgment of dissolution of marriage, judgment of legal separation, or judgment of declaration of invalidity of marriage and the present status of the property;
    (7) the increase or decrease in each party's income since the prior judgment or order from which a review, modification, or termination is being sought;
    (8) the property acquired and currently owned by each party after the entry of the judgment of dissolution of marriage, judgment of legal separation, or judgment of declaration of invalidity of marriage; and
    (9) any other factor that the court expressly finds to be just and equitable
    **Note - the termination of spousal support may not end in such a case. It depends on the wording of your court order

    Child Support:
    An order for child support may be modified as follows:
    (1) upon a showing of a substantial change in circumstances; and

    (2) without the necessity of showing a substantial change in circumstances, as follows:

    (A) upon a showing of an inconsistency of at least 20%, but no less than $10 per month, between the amount of the existing order and the amount of child support that results from application of the guidelines specified in Section 505 of this Act unless the inconsistency is due to the fact that the amount of the existing order resulted from a deviation from the guideline amount and there has not been a change in the circumstances that resulted in that deviation; or

    (B) upon a showing of a need to provide for the health care needs of the child under the order through health insurance or other means. In no event shall the eligibility for or receipt of medical assistance be considered to meet the need to provide for the child's health care needs.

    The provisions of subparagraph (a)(2)(A) shall apply only in cases in which a party is receiving child support enforcement services from the Department of Healthcare and Family Services under Article X of the Illinois Public Aid Code, and only when at least 36 months have elapsed since the order for child support was entered or last modified.
    **Note - Illinois takes a straight percentage of the NCP income. Also, it does not look like subsequent children are a reason to modify

    http://www.ilga.gov/legislation/ilcs...SeqEnd=8300000

    http://www.childsupportillinois.com/...lculating.html

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