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reserved child support

Discussion in 'Other Family Law Matters' started by LivBenson2010, Nov 14, 2010.

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  1. LivBenson2010

    LivBenson2010 Law Topic Starter New Member

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    I have been divorced since 2009, and it says reserved for child support, I don't know how that works, other than either party can request it at any time. What is the process to go through?
     
  2. irish223

    irish223 Moderator

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    You would have go back to court to have the order changed. In Illinois, the NCP generally pays a straight percentage to the CP. Was yours reserved because your parenting times were so close? Since you now have the children only on the weekends, you will be paying your ex.
     
  3. LivBenson2010

    LivBenson2010 Law Topic Starter New Member

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    The decree doesn't state a custodial parent. We have joint custody and the time frames were pretty close. According to the papers I have children from after school on Friday to Monday evenings at 7pm. Just recently the children have been going with ex on Sundays due to me not having a car and they have school on Mondays, however I don't see why I am losing that time whenever I filed for divorce we both lived in the same county within 20 minutes of each other. He is the one that created the distance why should I and my children suffer? I feel that he should have to provide the transportation as well as sticking with the custody agreement, however again, I can not petiton the court because ex has ran to court to many times and now the Judge won't see us til we have went to medition. I am a full time college student as well as working part time for min. wage and he works at a very well paying job, and he doesn't help with anything, he wont even buy them coats, ect.
     
  4. irish223

    irish223 Moderator

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    I understand your predicament from your other thread. However, as you were advised on the other thread, since he moved a year ago, it's not likely that you'll be able to change that now. You will also lose your Monday visitation because the children can't miss school every Monday. In effect, you are now the non-custodial parent. Even if you're successful in requiring him to provide all transportation, and you very well could be, you will still be the NCP based on the time you actually have the children.
     
  5. LivBenson2010

    LivBenson2010 Law Topic Starter New Member

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    what is the time frame on being able to modify a custody agreement? And do I have to have hardcore reasons for wanting to change it? I mean my ex is an ass, and yes, I know any ex wife is probably going to say that about her ex but he yells at the kids all the time, makes his g/f take care of them, don't bath them as should be, sends them to school is crappy clothes, AND he has physical abuse on record for 20 years with CPS for harming our son when he was 2. Forced children tylenol down childs throat, and left facial briusing, he was charged by CPS as well as court proceedings for dom bat. And I can't figure out why a Judge would enter a joint agreement when a parent has recently been charged with child abuse.....?????????
     
  6. irish223

    irish223 Moderator

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    You can modify a custody agreement whenever there is a substantial change in circumstances. I really don't think you have one, other than the move, and you've waited too long to contest that.

    Why not get a consult with an attorney? Many offer free initial consultations, and can tell you if you have enough to modify.
     
  7. LivBenson2010

    LivBenson2010 Law Topic Starter New Member

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    I don't quite understand the whole change in circumstances?? Is the fact that my children are not treated right when with him, and that in the last 2 years CPS has investigated him numerous times even though indication wasn't put forth mean anything as far as change in circumstances? I have to ensure the safety of the children....
     
  8. Proserpina

    Proserpina Moderator

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    If CPS have not removed the children or otherwise gone further with the investigation - it basically doesn't count in court.

    Irish is absolutely correct. Listen to her advice.
     

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