Child support modification

[skale7179]

What is the name of your state? IL

I recently filed for modification due to the fact that my ex has switched jobs and is making more money.

He has hinted to the fact that he has a lawyer going to court with him and I do not. Ive heard that CS cases are pretty cut and dry as far as the law goes, but do I need a lawyer for this or will CS simply be modified due to the income increase?

Thanks!

 

[NoDiggety]

What is the name of your state? IL

I recently filed for modification due to the fact that my ex has switched jobs and is making more money.

He has hinted to the fact that he has a lawyer going to court with him and I do not. Ive heard that CS cases are pretty cut and dry as far as the law goes, but do I need a lawyer for this or will CS simply be modified due to the income increase?

Thanks!

It depends on many factors, depending on your state's guidelines and statutes. Has YOUR income gone up at all?

OH wait...is IL another one of those f-ed up states that only take into account ONE parent's salary??

Having an attorney could work in his advantage if it goes to court.

 

[BelizeBreeze]

a rise in income is NOT in and of itself, grounds for a modification of support, either up or down. I suggest you do the worksheet to see if there is enough of an increase to justify your motion before you go to the expense of court costs, lost wages and legal fees.

Also, most jurisdictions do not allow you to file for a modification within a certain amount of time since the issueance of the original order or the last modification.

 

[skale7179]

a rise in income is NOT in and of itself, grounds for a modification of support, either up or down. I suggest you do the worksheet to see if there is enough of an increase to justify your motion before you go to the expense of court costs, lost wages and legal fees.

Also, most jurisdictions do not allow you to file for a modification within a certain amount of time since the issueance of the original order or the last modification.

Well, Its been about 3 years since anything was modified as far as child support goes.

According to the CS calculators I did online the increase will be between $200-$250 a month.

Will I be ok without a lawyer or should I have one?

 

[LdiJ]

Well, Its been about 3 years since anything was modified as far as child support goes.

According to the CS calculators I did online the increase will be between $200-$250 a month.

Will I be ok without a lawyer or should I have one?

If he really does have one you are probably going to need one. Its a shame though because you will both be spending unnecessary money. Did you file though the CS agency? If so an attorney might be less of a necessity.

 

[skale7179]

If he really does have one you are probably going to need one. Its a shame though because you will both be spending unnecessary money. Did you file though the CS agency? If so an attorney might be less of a necessity.

No, I went to the courthouse and filed on my own.

 

[Gracie3787]

No, I went to the courthouse and filed on my own.

Is the CS agency already involved in your case? If so, you should be able to give them all of the papers you've filed and let them handle the attorney part of it. Although it's still a good idea for you to attend the hearing anyway.

 

[skale7179]

Is the CS agency already involved in your case? If so, you should be able to give them all of the papers you've filed and let them handle the attorney part of it. Although it's still a good idea for you to attend the hearing anyway.

No, theres no child support agency involved.

 

[NoDiggety]

If he really does have one you are probably going to need one. Its a shame though because you will both be spending unnecessary money. Did you file though the CS agency? If so an attorney might be less of a necessity.

Again you're misguided. If the state provides reasons for deviations, then having an attorney is NOT spending unnecessary money. While the CS agency is bound by the Administrative law aspect, the court is not and can deviate per statutes, if applicable.