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If order agreed to, can the judge change the order? if so, can modifications be made in a case that child support was not judged

Minooka, IL |

an order was agreed upon for visitation (that the judge specifically said in the papers would remain between the child and parent) and maintenance, but recently the other party has filed a motion amending the agreement. the judge is modifying the said to order. the lawyer is claiming it is "how they are interpreting the order". does this mean I can go after child support? it has never been ordered or collected. also if I have an attorney, and have for years, can he just designate anyone to go into the court room for my case, even though they would have no knowledge of it?

Attorney Answers 3

  1. Your question does not make sense. An agreed order can usually be modified when it pertains to children or child support, and that includes visitation. If you have an attorney, you should ask your attorney these questions. You or your attorney can go to court to address the matter. No one will represent you behind your back or without your permission.

  2. yes, an agreed order can and may be modified.

    there are appellate cases that say that the visits may not be left up to the child.

    we have no idea if you can go after child support. maybe yes, maybe no. consult with your lawyer about that. you say you have had one for years.

    your lawyer should handle your case. if another lawyer does, he or she should have knowledge of the case.

    go see your lawyer.

  3. There appear to be multiple questions here.

    Generally, a motion may be filed to clarify an Order, where the Order incorporates a parenting agreement and the language of the Order (or agreement) contains errors or inconsistencies. (When the error is in the drafting, this is called a "scrivener's error"). Occasionally, awkward language in an agreement causes unintended consequences in the enforcement of an Order which may only be addressed by a corrected Order.

    The other question has to do with "maintenance" and child support. If the maintenance is termed "unallocated" this generally includes an amount of child support and is ordered to allow the payor of support a tax break. So long as a child is in its minority, both parents have an obligation to support the child, and this may be expressed by a "guidelines child support order" to be paid by the noncustodial parent--(the parent who does not have primary care of the child). Sometimes, under a joint parenting agreement, the parent argues that his direct payment of the child's expenses and the increased time spent with the child takes the place of the guidelines child support amount that would normally be ordered.

    Finally, the question of the attorney sending someone else--presumably from his office--to cover the case should be taken up with that attorney. (Often, there is an express clause in the retainer contract signed at the beginning of representation that allows the attorney to designate another attorney from his firm to substitute for him in court).

    The information provided here should not be construed to be formal legal advice. The provision of this general advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.

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