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Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16379
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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I am considering asking the court change in parenting

Customer Question

I am considering asking the court for a change in parenting time due to child's new IEP for Jr. High on a pro-se basis in DuPage County, IL
My ex owes a true-up amount he is resisting paying; likewise, he has refused to discuss an increase in child support. He made $177,000 in 2014 and I made $52,000. I don't want to use lawyers for a simple agreement but I have no choice.
Do I have recourse?
Submitted: 2 years ago.
Category: Family Law
Expert:  Legalease replied 2 years ago.
Hello there ---If your child support agreement is based upon the amount of parenting time that each of you had or has each week or each month and the reality of the situation is that you are spending more time with your child than your ex is each month with one of those split parenting time agreements then you have every right to petition the court for an adjustment in the actual parenting time calculation and the actual child support amounts that he is giving to you at this time. You will be required to show the court how the parenting time has changed so much that the burden is falling much more heavily on your shoulders and your child is spending most of the parenting time with you -- if you can show that through your own testimony, perhaps a statement from your child in writing that he spends XXXXX time with you each week and XX time with your ex, and perhaps any statements or testimony of witnesses to the change in parenting time will help greatly in your case in a family court hearing. Finally, if there are additional educational expenses brought on by the new IEP for your child, then you have every right to ask your ex to split those expenses with you and the court will order such additional educational assistance so long as you can document what the change in the IEP plan is costing you and why the change in the IEP plan is needed (the school can probably give you this paperwork). Under these circumstances you can file a Motion for Modification of child support and a request for increased educational expenses and you can actually handle this matter yourself on a pro se basis. You simply need to contact the clerk's office at the local county family court and ask them for the appropriate forms to complete regarding seeking an increase in child support based upon a more traditional child custody arrangement (every other weekend with his father or whatever the current arrangements). Please let me know if you have any further questions in this matter. If not, can you please press a positive rating so I will be paid for my time assisting this morning. I am paid nothing unless you press a positive rating before leaving the website. Doing so will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time for helping you tonight. Thanks MARY