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Visitation Modification And Child Support Laws In Illinois

It has been 5yrs since our divorce and I would like to make changes both in support and visitation. Children ages are 10 and 13. My X has had an increase in pay each yr and the cost of living continues to increase as well as the needs of the children. However my X is very fond of his money. He claims that he can't make ends meet and does not think he should have to pay more support. His reason is because he has the children 8weeks during the summer and every weekend and 4 hours on Thursday evenings. When we got divorced he worked 11-7 shift but since then took a bid on 3-11 shift. He no longer utilizes his Thursday evening visitation due to his work schedule.(he volunteered to change shifts and knew he wouldn't be available for visitation). The children have expressed that they would like to have every other weekend with me and so would I. Their father states "all you have to do is ask for the weekend, Have I ever denied you before? Usually when a person ask nicely they get what they want.". He does not want to change visitation because if he gives up some of his visitation he will have to pay even more in support. The children want this change and so do I so that we can make plans and purchase tickets knowing that their father is not going to deny us the weekend and thus loosing money used to purchase tickets. Where does one start? What are Illinois laws on visitation and support modifications?




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Visitation Modification And Child Support Laws In Illinois

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What You Can Do
by: Child Support America Team Member

Thank you for your question. In reference to the support amount increasing, you could contact your caseworker and request a modification. You can express your concerns about an increase in your ex's income. With your issues concerning visitation, the only legal changes to the court ordered schedule must be done by a judge in court. This would require an attorney. There is the option of filing the paperwork yourself however you would be required to pay the filing fees. Also, the paperwork must be filed correctly or it will be rejected. The best option would be to find legal representation. Have you requested for a modification in the last 3 years?

CSA STAFF

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Visitation Modiication And Child Support Laws In Illinois
by: Anonymous

I have not changed anything since we got divorced five years ago. I was told that since I agreed to the visitation that it would be hard to get it changed. I have sole custody and thier father was givin liberial visitation. This was recommended because we have much difficulty agreeing with each other.
The Children and I would like to change it so that we can have every other weekend to be together and plan our weekend without having to ask permission from their father. They are much older now and things have changed for them as well. What do we need to prove to the court that a modification is in the best interest of the Children???

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Visitation
by: Child Support America Team Member

It is going to be hard to get the visitation schedule reversed without a valid reason. We don't think it will work based on the desire to want to make plans without his permission.

Maybe you can agree that if he gives you every other weekend that his child support won't increase. Do you think this will work?

CSA STAFF

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