Full question:
I am trying to represent myself in a child custody/child support situation. I currently have 'joint custody' with the mother having 'primary physical custody'. I pay child support. I have two questions regarding forms that I need to submit. 1) What form do I submit to request the reduction of the child support order. The current order was set up over the top of the actual child support calculation so that over time I would catch up. I was never really behind -- but, when the child support got upped last year it was retroactive to the date of the petition -- hence, I was behind all of the sudden. I just need to submit the form to remind the court that I have now caught up ( and then some ) and that the order needs reduced to reflect the actual amount of child support that I am supposed to be paying. 2) 2 years have passed since the original joint parenting agreement. I need to know what form to submit to request that the exising agreement be modified.
- Category: Divorce
- Subcategory: Modification
- Date:
- State: Illinois
Answer:
A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Child support may be modified if there is a significant change of circumstances. A significant change of circumstances may include, among others, a substantial increase or decrease in income, emancipation of a child, or contribution to expenses by another due to cohabitation or remarriage. The court's decision to grant a modification is based on the best interests of the child. A motion and petition are generally the same thing, they are formals requests to the court for something. If granted, the court will issue an order. When the order is made, the requests in the motion/petition become enforceable.
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