QUESTION

With regards to Illinois Law, does it make any difference if the non-custodial parent paying child support is being sued for more

Asked on Oct 17th, 2011 on Family Law - Illinois
More details to this question:
child support, and makes more money than the custodial parent but the custodial parent lives at home with her parents, with no household expenses and the household net income is 5+ times greater than the non-custodial parent paying support. Is there anything with regards to protection for the non-custodial parent in a circumstance such as this one?
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1 ANSWER

Child support is an on-going incremental obligation.  This requires payment in the ordered amount during the appropriate interval - weekly, bi-weekly, etc.  Modification can occur pursuant to a petition by either party to alter the support.  This can be a request to either increase or decrease support from the existing amount. While each case is determined by its own circumstances, statute does contemplate that the Courts can and will modify support.  In your situation, you should speak with an attorney as there may not be a sufficient factual and/or legal basis to increase support.  Simply because the statute provides a vehicle for the receiving parent to increase support does not automatically mean that such a motion will be granted. . 
Answered on Oct 26th, 2011 at 12:52 PM

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