Motion To Modify Child Support

Summary

In Cook County, Illinois, modifying child support requires detailed financial documentation. If the noncustodial parent fails to provide this, you can object. Courts consider both parents incomes and may order continued support for children pursuing higher education. If harassment occurs, document it and seek legal advice. Attorneys must adhere to ethical rules, and violations can be reported to the Illinois State Bar. Consult a legal professional for personalized guidance.

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So for example if the noncustodial parent files a motion to modify child support through his attorney and states in the motion due to changes in circumstances but does not provide a single piece of document of any sort
Hi Alisa, could you please specify your location? The laws regarding child support modification vary considerably from place to place.
What is he supposed to provide when making such a claim in Chicago Illinois cook county
In Cook County, Illinois, when filing a motion to modify child support:
- Detailed explanation of the circumstances changed
- Financial documentation (tax returns, pay stubs)
- New childcare costs or medical expenses, if applicable
- Proposed new child support amount based on Illinois' child support guidelines.
He filed this motion after I filed a petition for full coverage of educational expenses for our *-year-old sons who are graduating at the end of i
In Cook County, Illinois:
- You can argue that the noncustodial parent's motion lacks sufficient evidence.
- You can request the court to order him to provide necessary financial documents.
- If the court agrees, it may deny his motion or request more information.
After emailing him and his attorney copies of the boys financial aid award letters and monthly breakdown of the tuition costs for college this fall I started receiving response emails threatening abusive and harassing on which one of them is attorney was also copied on
In Illinois, harassment is a crime. If you're feeling threatened:
- Document every instance.
- You can seek a restraining order.
- Report them to the state bar if the attorney is involved.
- Seek advice from your own attorney.
I attached the emails to my petition when I filed it
In Cook County, Illinois:
- If the emails you attached to your petition show harassment, they can be used as evidence.
- It's highly recommended that you consult your own attorney to review these evidences.
- The court can take serious actions based on these evidences.
Exactly that’s why I referenced them in my petition gave a small detail that I received them in response to sending him and his attorney the monthly breakdown of the college tuition and copies of the financial aid award letters
Great! Do you have a legal representative or are you handling this on your own? Answer: It's advisable to have a lawyer review your petition to ensure it's correctly presented. If you're handling this alone, know your rights and the laws in Cook County, Illinois.
His attorney filed the motion to modify on his behalf without providing a single document as an attorney I think she should be aware that he needs to provide documents
In Cook County, Illinois, attorneys have an ethical duty to ensure that all necessary documents are included in a motion. You can:
- Request the court to demand these documents.
- Report this behavior to the Illinois State Bar Association if you believe it is unethical.
No documents provided with their motion
In Cook County, Illinois:
- You can object to the motion due to lack of documentation.
- The court may ask the noncustodial parent to provide the necessary documents.
- Consult with a lawyer to understand how to proceed.
So that’s the reason he’s filed a motion to modify child support claiming changes due to circumstances and stating that the boys are * while he fully covered and paid for his girlfriends *-year-old son and *-year-old sons college tuitions
In Cook County, Illinois, a parent's obligation to support their children doesn't end when the child turns *. If the child is still in high school or pursuing higher education, the court may order the parent to contribute. You can argue this point in court.
His monthly income is $*,* and my monthly income is $*
In Illinois, child support is determined using both parents' net income. Given the disparity in your incomes, the court will likely consider this when determining the child support amount. Do you have legal representation for this matter?
There’s a huge difference
Indeed, the income difference is substantial. Given your situation, have you considered applying for legal aid or hiring a lawyer to represent you in this child support modification case? It could significantly help your case.
I also believe that the judge will order him to pay full coverage for the higher education after reading the attached emails and seeing documents proving he covered his girlfriends sons college tuitions
In Illinois:
- Courts consider parents' financial resources when determining educational expenses.
- Evidence of him covering his girlfriend's son's tuition can strengthen your argument.
- Consult with an attorney to help present your case effectively.
So I’m in the process of drafting an objection to his motion to modify child support
That's a wise step. Are you seeking assistance in drafting your objection or do you have specific questions on what to include in your objection based on Illinois law?
What I have listed so far financial miss representation because through his attorney he misrepresented his financial status claiming his income is insufficient and that his girlfriend helps him financially when that is not the case his bank records show his money is being transferred and concealed under his girlfriends name
In your objection, highlight these points:
- Accusation of financial misrepresentation.
- Evidence of income diversion to his girlfriend.
- The disparity in your respective incomes.
- His previous support for his girlfriend's children's education.
Also listed deprivation of college education this is an attempt to deprive the boys of a college education as evidenced by the emails provided with my petition for full coverage of educational expenses also listed harassment and threats he allows his girlfriend to print and personate him through emails threatening the children
In your objection, also include:
- Accusation of deprivation of college education.
- Evidence of harassment and threats.
- Request for full college expense coverage.
- Consult with a lawyer to ensure your objection is comprehensive and strong.
I also listed in my objection misleading the court through his attorney he misled the court by submitting a six page pretrial memorandum on November *, * that listed his ex employers information for wage withholding purposes also delayed in child support payments that intentional miss information caused a four month delay in child support payments endangering the children’s well-being
In your objection, mention:
- He intentionally misled the court through his attorney.
- The delay caused by this misinformation.
- The impact of the delay on your children's well-being.
- Consult a lawyer to review your objection before submission.
I also listed incorrect child support payments being received these child support payment started being received on April *, * when they should have been started on December *, * what is employer is supposed to be sending is $*.* biweekly and what have they have been sending is *
In Illinois:
- Highlight the discrepancy in child support payments in your objection.
- Include dates, amounts expected, and the actual amount received.
- Explain how this discrepancy has affected your children's well-being.
- Seek advice from a legal professional.
How do I do this Explain how this discrepancy has affected your children's well-being.
In your objection, describe the impact of the financial discrepancy on your children's well-being. This could include difficulties in meeting their basic needs (like food, clothing), educational expenses, or any emotional distress caused. A legal professional can help you articulate this effectively.
I put endangered children’s well-being because of the delayed child support payments that were not received until April *, *
Answer: That's an excellent point. Make sure to detail how the delay in child support payments has endangered your children's well-being, including any specific hardships they've faced. A legal professional can help you present this in a compelling way.
Well I receive a monthly income on the first of every month from SSI disability which go to the car payment car insurance cell phone bills and there’s nothing left for the children as the snap benefits do not come in until the 17th Of every month so the children are unable to have the proper food within door 16 days
Answer: This information is crucial. Include in your objection how the late child support payments impact your ability to provide for your children's needs. Detail how this affects their food security and overall well-being. It's advisable to consult with a legal professional to ensure this is effectively communicated.
I’ve also listed lack of financial documentation what should I list under that
In your objection, under lack of financial documentation, mention:
- Noncustodial parent's failure to provide necessary financial documents.
- How this impacts the court's ability to make an informed decision.
- Request for the court to order him to provide these documents.
To be honest the judge in this case on May *, * told the noncustodial parent that a motion for college expense to be filed by me the custodial parent as a proper motion the noncustodial parent started getting upset the judge told him that she’s going to hold him in contempt for talking that way
Answer: It's good that the judge has recognized this issue. Include this incident in your objection to show the noncustodial parent's lack of respect for the court's process. It could strengthen your case. Always consult with a legal professional for advice.
And now that I filed the college petition and receiving that threatening abusive harassing emails and a response which I provided to the judge and in retaliation he filed a motion to modify the child support
Answer: In Illinois:
- Document his retaliation by filing a motion to modify child support.
- Include evidence of the threatening and abusive emails.
- Consult with a legal professional to ensure these points are effectively included in your objection.
Are there any Illinois laws or rules supreme court rules or anything that states that when an attorney is made aware or becomes aware that her client misled the court or her client is lying Or her client is engaging in threatening abusive harassing emails directed at the children or her client has been intentionally financially depriving children is she not supposed to withdraw or is she not supposed to make the court aware despite if it’s her client doing it or not
In Illinois:
- Rule *.*: Lawyers must withdraw if they know their client is using their services for fraudulent or criminal acts.
- Rule *.*: Lawyers have a duty to correct false statements made to the court.
- Rule *.*: It's professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.
Consult with a lawyer for more accurate guidance.
This attorney despite her being copied on the abusive threatening emails want to head and filed a motion for sanctions under rule * falsely claiming that I am filing frivolous motions what time intention of delaying the process despite providing her with the overwhelming documented evidence I have on her client
In Illinois:
- Rule * allows sanctions for frivolous pleadings.
- If you believe the attorney's claim is false, present your evidence against it.
- If you believe the attorney is acting unethically, consider reporting them to the Illinois State Bar.
Always consult a lawyer for accurate advice.
As she has filed eight motions on behalf of the respondent and has not provided a single documented evidence to back up the claims in the motions she has listed the same exact misleading statements that I have documents to refute and every single motion she has filed which under rule * it clearly states that an attorney or a person representing themselves should not be filing any motions petitions or any other documents if they do not have grounded facts what she has been doing as she Is in direct violation of our * what is trying to flip it over on me while attempting to cover up her clients perjury and abuse
In Illinois:
- If you believe the attorney is misusing Rule *, you can respond by presenting your evidence.
- If you believe the attorney is acting unethically, consider filing a complaint with the Illinois State Bar.
- An attorney consultation can provide more accurate guidance.
I did reported to the state bar ready nothings happened it’s been over eight months never heard back from them
In Illinois:
- The State Bar takes time to review complaints.
- If the complaint is found valid, disciplinary action can be taken.
- Follow up with the State Bar regarding your complaint status.
- Consult with a lawyer for more detailed advice.
I need to know how or what to file and response of their motion for sanctions under rule * as they are in direct violation I have overwhelming documented evidence for each one of my motions filed As they have been filing motions with misleading statements without any documents
In Illinois:
- In response to a Rule * motion, you can argue the motion is unfounded by presenting your evidence.
- Detail how the other party and their attorney have failed to provide necessary documents.
- Consult with a lawyer for advice on drafting your response effectively.
So how would I title that motion
You could title it as "Response to Motion for Sanctions Under Rule *." Consult with a legal professional to ensure you're proceeding correctly.
Should I try to let response or objection
In Illinois:
- A "Response" typically answers the claims in the other party's motion.
- An "Objection" challenges the legal basis or procedures of the other party's motion.
- Depending on your strategy, you could use either, but it's best to consult with a legal professional first.
She has also been intentionally miss labeling my motions in my child support case as pleadings and complaints went under rule * a clearly states the difference between motion petitions they are two different things
In Illinois:
- Mislabeling motions can cause confusion and procedural issues.
- If you believe this was done intentionally, mention it in your response or objection.
- Provide evidence to support your claim.
- Consulting a legal professional can offer more accurate advice.
That’s why she’s doing it to cause confusion
In Illinois:
- If you believe the attorney is intentionally causing confusion, mention this in your response or objection.
- Your response should clearly state the correct labels for your motions.
- Consult with a legal professional to ensure you're proceeding correctly.
What can I file with the child support court highlighting that this attorney knows and has been knowing everything her client has been doing and is doing but continues in representing him as she’s breaking ethics rule she is also in violation of *
In Illinois:
- File a "Motion for Sanctions Under Rule *" against the attorney if you have evidence of her knowingly violating ethical rules.
- Detail the attorney's unethical behavior, including specific instances and supporting evidence.
- Consult with a legal professional for accurate guidance.
Or should I just mention it in my response to their motion for station
In Illinois:
- You can mention the attorney's alleged unethical behavior in your response to their motion for sanctions.
- Detail specific instances and provide supporting evidence.
- Consulting a legal professional can help you present these points effectively.
So for example in my objection I stated delay in child support payments this intentional miss information caused a Formont delay in child support payments endangering the well-being of the children
Answer: That's a strong point. Ensure to detail the specific hardships caused by the delay in child support payments. If you can provide evidence of his intentional misinformation, include it. It's highly recommended to consult with a legal professional to help articulate your points effectively.
What do you mean by detail does specific hardships cost I
In your objection, explain the difficulties your children faced due to delayed child support payments. This can include inability to afford necessities (food, clothing), educational resources, any medical needs, or emotional distress they've experienced. A legal professional can help you articulate this effectively.
Well I receive $* from SSI disability on the first of every month which goes to the car payment car insurance storage and cell phones so there’s nothing left for the children for groceries or anything and I don’t receive the children’s snap benefits until the 17th of every month
Answer: This is crucial information. Highlight in your objection how the delay in child support payments affects your ability to provide for your children's basic needs. Describe how this impacts their well-being, especially in the first half of the month when SNAP benefits are not yet available. A legal professional can guide you further.