I have 2 children. The father has 2 additional children & a wife. Wife doesn't work. Father is a seasonal worker. I don't get a dime due to his unemployment thru the winter. However has the $ to leave town for weeks to go to Mexico and takes his family. Has a house. 2 cars. Hell the wife doesn't work. My kids secondary insurance is public aid, I'm on food stamps! Did MODIFICATIONS on my case. He sees his kids whenever. And the wife refuses to take my kids. I use to be able to work more. Just want to know what I can do?
Lawsuit / Dispute Attorney
Have you considered seeking a modification again?
Divorce / Separation Lawyer
You could seek to modify child support and/or visitation. Child support can be paid when receiving unemployment compensation.
Try contacting your local legal aid office to see if you qualify.
you have a few choices. go to the office of healthcare and family services for a child support modification. it is on genessee street in waukegan. no charge but it does take a lot of time.
or, hire a lawyer to modify the child support. takes less time. costs you money for fees. if he is marginally employed, you may not get more but you could collect arrearages.
as to his parenting time, he need not take them if he does not want to. his wife has no responsibility to take them at all. nothing can be done about that.
if you need daycare for work, dad can be ordered to contribute to day care. collecting it may be a problem.
there are no good or great answers for your situation.
Criminal Defense Attorney
You may wish to call around to find rates for legal representation. Also as has been stated by the other attorney's, just because somebody is on unemployment does not eliminate a child support obligation.
If you are in economic stress yourself, you may wish to at least reach out to Prairie State Legal Services. Their website is http://www.pslegal.org/ and can has an online contact form. They may be able to assist you.
Not knowing anything of your case aside from what you have written, but it appears he is re-married. His new spouse's income, assets, and other means will not be considered by the Court.
It is not his new wife's responsibility to take care of her step-children. It is important to understand and accept this because you can spend quite a bit of energy and perhaps alienate any legal assistance you might have if these trips you refer to and his house are from the new wife or her family's assets and not from him.
The Lake County Court House in Waukgean has a superior staff who might be able to assist you in learning about the relevant law and in preparing pro se (mean's you represent yourself) motions for the Court to consider. They are not attorneys and cannot offer you legal advice, but they can help you with self-representation questions. You might consider a trip to the law library at the Court House and explore your options.
Good luck with your situation.
This answer is marginal legal advice and does not constitute an attorney-client relationship. Every client and case is unique. The best advice is to always consult with an attorney. Free legal resources at www.ZippToCourt.com
Divorce / Separation Lawyer
These kinds of cases are frustratingly simple: THey're simple because they're so often sooo easy to prove and get the increase. Dad is leaving a paper trail a mile long and just as wide. If he owes back support, you can do all kids of income and asset investigation on him.
They're frustrating because the client (you) has worked with the State in the past, obtained minimal support, and now lack the funds to hire an attorney to get the job done right.
The best thing you can do is talk to friends and family, your church, whatever support network you have, and come up with the money to hire a lawyer. THe cost (figure about $1500) will probably pay for itself in a few month's time.
You kids deserve it.
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