My child's father is locked up and he owes child support 32,000 dollars. I want to take him off childsupport because he was..

Asked 11 months ago - Elgin, IL

..helping support our son when he did have money.

Attorney answers (3)

  1. Wes Cowell

    Contributor Level 18

    3

    Lawyers agree

    Answered . Your "question" doesn't make sense. Whether or not he helped when he had money has nothing to do with the here and now.

  2. Marissa Rivera Hanson

    Contributor Level 5

    3

    Lawyers agree

    Answered . Per your question, I am assuming that a child support order has been entered whereby your child's father is under a court order to provide support for your child. With that said, if he wanted to reduce or abate his child support obligation, he (not you) must file the motion. Moreover, should he file the motion, he must show the judge that a modification or abatement is justified since there has been a "change in circumstances" (i.e. he is locked up); however, please know that the judge shall ultimately consider all the factors and make a decision. Furthermore, the fact that a person paid support when he "did have money" has no effect on the motion to modify or abate.
    if HE wants to modify his support obligation, HE (not you) must do so.

  3. Gary L. Schlesinger

    Contributor Level 20

    Answered . if you are receiving any public aid including link or all kids medical, then the support is not yours to decrease, it belongs to the state.

    take all your child support papers to a lawyer for a consultation.

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