Do I need to modify my child support order?

Asked over 1 year ago - Justice, IL

My kids father just started paying support for my boys 14 15. And now he want my youngest to stay with him for a better school.

Additional information

Now he wants me to pay him and modify the order for 600 a mouth but I did it myself for 15 years.

Attorney answers (3)

  1. Judy A. Goldstein

    Contributor Level 20

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    Answered . A transfer of residence will trigger a modification of child support. You do not need to agree to the change and probably should consult with a lawyer to discuss your options.

  2. Peggy Margaret Raddatz

    Pro

    Contributor Level 20
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    chosen by asker

    Answered . You do not have to agree to the change of custody. Why hasn't he paid until now? Doesn't he have a huge arrearage he owes you? He should be paying on the arrearage in addition to current child support. You need to consult an attorney.

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  3. Michael R. Stetler

    Pro

    Contributor Level 13

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    Answered . If there is a modification of custody, then the child support order would likely be modified. It doesn't sound like the change of custody is really your idea. You do not have to agree to any change of custody. The non-custodial parent would have to prove by clear and convincing evidence that a modification of custody is necessary for the best interests of the minor child. Splitting up children is rarely done.

    If there is split custody, usually the child support would be offset - He'd pay you 28% for two children and you'd pay him 20% for one child. However, the court has wide discretion in such a situation to set support as it deems equitable. Neither you or your ex modify support -- that is a function reserved solely to the courts.

    You state there is a child support order. You also state he just started paying. Was that order in place for a while before? If so, there may be a substantial child support arrearage (and interest) that is owed. You should probably contact an attorney with more information for a more precise recommendation.

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