In today's economy, every dollar counts. This is true whether you're paying child support or receiving it. If you lose your job, or have to take a paycut, be certain that you file a Motion to Modify Child Support. This is VERY important if you're paying child support. Otherwise, if you lose your job, and stop making payments, you can be held in contempt for such a failure, and be ordered to pay your ex's attorney's fees.
Draft up a Motion to Modify Child Support, and state the reason why you need the amount lowered - lost job, took a paycut, or are paid by commissions, and the economy has destroyed your income. You need to provide documents, such as a lay-off notice, or show paychecks to show loss of income. If you've applied for unemployment, be prepared to pay out of that unemployment. Or if you're denied unemployment, be sure to provide that letter to the court, too.
But, here's the problem: if you voluntarily left your job to get out of paying child support, that won't get you off the hook. See, the law in Illinois says that you can be required to pay the amount you are ABLE to make. It takes a little effort, but if your former boss testifies that you just quit, or made comments that you want to get fired so your old lady doesn't get any of your money...... Well, let's just say that kind of speech doesn't typically impress judges.
But, definitely be better safe than sorry. If your income decreases, go to the court before the court comes to you.
Showing posts with label modfication. Show all posts
Showing posts with label modfication. Show all posts
Modifying A Custody Order Within Two Years: Marion County & Clinton County Illinois
If anyone wants to fight a custody order within two (2) years of its entry, Illinois requires the non-custodial parent to file a Petition to Modify Custody with an Affidavit alleging facts that give the court a "reason to belive" that the present environment seriously endangers the child or children. 750 ILCS 5/610(a).
The process to modify a custody order, even past the two year timeframe, is a battle, a difficult process, like trying to run the 100 yard dash, with hurdles. And, I don't use the term "battle" lightly. The non-custodial parent must not only give the court a reason to believe that the present environment seriously endangers the child or children, but also that a substantial change has occurred since the custody order, and the custodial parent is now unfit to have custody of the children. Department of Public Aid ex rel. Davis v. Brewer, 183 Ill.2d 540 (1998). It's not an easy task, and it's not one to start if you don't follow it through until the end.
The Illinois Supreme Court recently decided that any custody order must be challenged within 30 days of its entry. An Illinois Appellate Court held that a Motion to Reconsider a Custody Order must contain an Affidavit to give the court giving them a "reason to believe" that the present environment seriously endangers the child or children. In Re The Marriage of Marsh, 343 Ill.App.3d 1235 (4th Dist. 2003).
I've never heard of a Fourth Circuit court following this order. But, if they do, this would make it next to impossible to even fight a Motion to Reconsider/Vacate a Custody Order. This decision is only persuasive to the Fifth District, not controlling. That means the Fifth District Appellate Court does not have to follow it. But, the decision is out there, and it's a bad one. These kinds of decisions are why many Illinois divorce & custody attorneys say that you can find an Illinois court decision to support any position you want. Not a good reputation to have. Of course, a good reputation is not something Illinois has had for quite some time.
But, that's another post for another blog. Just remember: attempting to modify a custody order is tough row to hoe, and not for the faint-of-heart.
The process to modify a custody order, even past the two year timeframe, is a battle, a difficult process, like trying to run the 100 yard dash, with hurdles. And, I don't use the term "battle" lightly. The non-custodial parent must not only give the court a reason to believe that the present environment seriously endangers the child or children, but also that a substantial change has occurred since the custody order, and the custodial parent is now unfit to have custody of the children. Department of Public Aid ex rel. Davis v. Brewer, 183 Ill.2d 540 (1998). It's not an easy task, and it's not one to start if you don't follow it through until the end.
The Illinois Supreme Court recently decided that any custody order must be challenged within 30 days of its entry. An Illinois Appellate Court held that a Motion to Reconsider a Custody Order must contain an Affidavit to give the court giving them a "reason to believe" that the present environment seriously endangers the child or children. In Re The Marriage of Marsh, 343 Ill.App.3d 1235 (4th Dist. 2003).
I've never heard of a Fourth Circuit court following this order. But, if they do, this would make it next to impossible to even fight a Motion to Reconsider/Vacate a Custody Order. This decision is only persuasive to the Fifth District, not controlling. That means the Fifth District Appellate Court does not have to follow it. But, the decision is out there, and it's a bad one. These kinds of decisions are why many Illinois divorce & custody attorneys say that you can find an Illinois court decision to support any position you want. Not a good reputation to have. Of course, a good reputation is not something Illinois has had for quite some time.
But, that's another post for another blog. Just remember: attempting to modify a custody order is tough row to hoe, and not for the faint-of-heart.
Clinton County & Marion County, Illinois: Modifying the Custody Order
In Illinois, a custody order cannot be modified for two years after its entry, unless by stipulation of the parties, or an affidavit alleging of serious endangerment to the child. What does this mean? It means that within two years of the order, modification is going to occur only if the parties agree, or if the non-custodial parent can prove to the court that the child is being seriously abused.
A parent will have to prove to the court, by clear and convincing evidence, that the child is subject to severe physical abuse that requires medical attention, severe mental abuse that requires counseling, or sexual abuse. In other words, a parent will need evidence of another witness, such as a police officer, a doctor or counselor to testify or provide a sworn statement that they were witness to the evidence, by pictures, treatment, or statements from the child.
After two years, the modification bcome slightly easier, but only a little. When you attempt to modify a custody order, you will have to prove that the environment in which the child lives is not in the child's best interests, and that your environment is in the child's best interests. Here's why this is difficult: you can't just show you are a better parent. In other words, you have to show that the other parent is unfit, and that you are fit. The courts may not use the word, "unfit," but if you are going to try to modify the order, that is the standard that you want to aim to prove.
If you are going to undertake this battle, (and it will feel like a battle - trust me) you want to make sure that your time, money, and efforts are not wasted on a losing proposition. You have to expect the worst, hope for the best, and prepare for all possible outcomes.
A parent will have to prove to the court, by clear and convincing evidence, that the child is subject to severe physical abuse that requires medical attention, severe mental abuse that requires counseling, or sexual abuse. In other words, a parent will need evidence of another witness, such as a police officer, a doctor or counselor to testify or provide a sworn statement that they were witness to the evidence, by pictures, treatment, or statements from the child.
After two years, the modification bcome slightly easier, but only a little. When you attempt to modify a custody order, you will have to prove that the environment in which the child lives is not in the child's best interests, and that your environment is in the child's best interests. Here's why this is difficult: you can't just show you are a better parent. In other words, you have to show that the other parent is unfit, and that you are fit. The courts may not use the word, "unfit," but if you are going to try to modify the order, that is the standard that you want to aim to prove.
If you are going to undertake this battle, (and it will feel like a battle - trust me) you want to make sure that your time, money, and efforts are not wasted on a losing proposition. You have to expect the worst, hope for the best, and prepare for all possible outcomes.
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