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I️ am trying to figure out if I️ can get my child support…

Customer Question
I️ am trying to...

I️ am trying to figure out if I️ can get my child support raised I️ tried to do it through a mediator but he said I️ would have to higher a lawyer since my ex was unwilling to agree to raise it

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Illinois

Lawyer's Assistant: Have you talked to a lawyer yet?

I️ hired a lawyer when we first did our agreement but have not spoken with one yet I’m trying to figure out if it’s worth it to take him back to court

Submitted: 8 months ago.Category: Family Law
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Answered in 3 minutes by:
11/9/2017
Family Lawyer: LegalGems, Lawyer replied 8 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,629
Experience: Experienced Family Law Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 8 months ago

Yes, that is correct; in order for a child support modification order to be entered, a party needs to file a petition with the court, otherwise the current order remains in full force and effect.

The court only has jurisdiction to order support retroactive to the date the party requesting the modification (via a motion to modify filed with the court and served on the other party).

Agreements to modify are not binding until signed off by the court.

In order to get a modification 3 years must have passed, or a substantial change in circumstance (ie change in income).

Please see:

https://www.illinois.gov/hfs/ChildSupport/parents/Pages/Modifications.aspx

https://www.illinoislegalaid.org/legal-information/changing-child-support-payments

Forms are located here:

https://www.illinoislegalaid.org/legal-information/child-support-modification

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Customer reply replied 8 months ago
I️ understand that but I️ receive 5000 a month in child support my ex makes well over 500000 a year I’m just trying to make sure if I️ take him back to court the judge is not going to lower my child support I️ only make 35000 a year so his income is significantly higher then mine. There is no formula that I️ have seen for high income cases.
Family Lawyer: LegalGems, Lawyer replied 8 months ago

High income cases tend to be highly contested and the court has the discretion to determine the amount. The idea is that the child should be able to benefit from the earning capabilities of both parents.

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Customer reply replied 8 months ago
based on what I️ told you do you think I️ should Perdue this and hire a lawyer or leave it as is.
Family Lawyer: LegalGems, Lawyer replied 8 months ago

Unfortunately with high income cases, it allows the judge discretion to determine the equitable amount. So it is impossible to predict what the judge would determine is equitable unless one has access to the particular judge's rulings on similar cases.

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Family Lawyer: LegalGems, Lawyer replied 8 months ago

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