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Roger
Roger, Attorney
Category: Family Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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Ive been pay child support every two weeks for over 9 years

Resolved Question:

Ive been pay child support every two weeks for over 9 years and every month my child's mother ask for extra money (which i dont have) and threaten to take me back to court if i dont come up with the money. I have never claimed my son on my taxes even though he basically lived with me for 4yrs. Yesterday i got a letter in the mail stating they needed to redetermine my child support amount, im already struggling to pay the amount I pay now with 2 other kids to feed. A couple years back child support made a mistake and made me pay a year of child support in advance because of some document numbers got switched some how even though i was current with payments and of course that set up a really big wave of past due bills and bad luck for the next couple of years. when they discovered the mistake all they could offer is "you will get it back sometime from now and when your son turns 18yrs old''. So my question is can I sue for either that or harassment or not being able to claim him on my taxes or do something to stop them from raising my childsupport even higher?
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my name is XXXXX XXXXX X'X a Family Law litigation attorney. Thanks for your question.

 

Child support is based mainly on your income, along with other relevant factors. Because child support is set by statute, there's not a lot of grey area when it comes to pay support.

 

Thus, you cannot sue to stop your support amount from being changed. However, you do have the right to only be required what the law says you must. The amount of support you should be paying can be calculated here: http://www.childsupportillinois.com/general/calculating.html or here:

http://www.alllaw.com/calculators/childsupport/illinois/

 

It may be that you're paying more than you are supposed to already. In that case, you could ask the court to reduce your obligation.

 

As for claiming the child on taxes, that's usually dealt with in the child custody order. If you're not set up to be able to claim the child, you certainly can file a motion to modify the order and ask the judge to allow you to claim the child every other year, etc.

Roger, Attorney
Category: Family Law
Satisfied Customers: 26000
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


she also moved my child out of state without my permission, can i do anything about that?

Expert:  Roger replied 1 year ago.

If the court order says that she cannot move out of state without your approval or the court's permission, and she did so anyway, you would have the right to file a motion to hold her in contempt of court and also ask the court to order her to return the child.

 

Most court orders do provide that the court must approve a move, so you should take a look at that.

 

If there is no such provision, you can still file a motion to modify the current custody order based on the fact that the child lives so far away that you cannot reasonably exercise visitation with the child. You can then ask the judge to change the order to allow you reasonable visitaiton.

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