Skip to main content

We filed Rule to show cause. They filed a motion to modify support. Should I file a motion to modify support?

Springfield, IL |

My attorney filed a rule to show cause. Ex's attorney then filed a motion to modify support. My attorney answered the motion to modify asking for no change in support amount due to the amount of time I have my daughter. She also said that I could possibly file a motion to modify asking for a decrease in support since I have my daughter a fair amount of time. Do you think I should have my attorney file a motion to modify and ask for a decrease or even no support at all? The current custody order has been in place for 20 months. 11 of those months, I had my daughter an equal number of overnights, sometimes a couple more overnights than my ex. The other 9 months, just under equal overnights. Thank you for you input.

+ Read More

Attorney answers 3

Posted

Follow the advice of your lawyer who has all the facts. We cannot undermine your attorney when we do not even have all the information. If you want a second opinion you will have to seek a consultation in person for that purpose.

IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about. Remember that it is the Lawyer who:  Punishes the wicked, Protects the innocent, Raises up the lowly, Opposes brutality and injustice, Seeks equality of humanity regardless of color, cast, sex or religion, Leads in every cause, and Seeks the best in everything.

Asker

Posted

Why did you respond?

Gary L. Schlesinger

Gary L. Schlesinger

Posted

to tell you to go with your own lawyer or to have an in person consult with another lawyer to whom you will bring all the papers.

Asker

Posted

I was looking for a second opinion or advice. You know, what this website was made for. I know this is a very complicated legal question, but I figured a yes or no would be simple enough. Of course, that's not possible when asking family law attorneys.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

the vast majority of fam law questions cannot be answered yes or no without all the facts. your lawyer has that. we do not. we cannot tell you to file a petition to modify supt. without all the info. to do otherwise would be malpractice.

Asker

Posted

What other facts would be needed to give an OPINION as to whether or not i should request a modification of support based on how much i have my child? But regardless, I want to thank you all for coming onto a legal advice website and suggesting for me to seek legal advice.

Gary L. Schlesinger

Gary L. Schlesinger

Posted

what is the parenting time at the time the last support order was entered? what was your income then? what was hers? what else are each of you paying for the children besides your paying child support? what is the parenting time now? how can you prove the change in parenting time? what papers or witnesses do you have to prove that piece of the case? what is your income now? what is hers? lastly, i would need to see a copy of the last order that set the support. after reviewing all this and re reading 750 ilcs 5/510, i could give you an opinion. but, since you already have a lawyer, without that lawyer's permission, i cannot speak with you. see illinois supreme court rule of professional conduct number 4.2

Posted

I agree with counsel. If you've hired a lawyer already, these are all reasonable questions to her. She will be in a much better position to answer them.

Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

Posted

You have a lawyer. Your lawyer has all the facts of your case. We cannot possibly answer here without more details. If you are unsure, get a second opinion in person with another attorney in your area. Bring all of your paperwork to the appointment.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer