first post - hope I do this correctly. I'm inquiring about my own situation, which is the same subject. Let me know if I should be posting under new topic.
I'm from Illinois, CP of one child 18ys old, sr in high school.
Our divorce took place 11 years ago, and there have been no modifications to CS since the original document. My confusion comes, first of all, from the wording of the support order. It states the NCP is to pay $125.00 every other week, and is to provide verification of income on an annual basis.
Well, he has paid that amount, and as for the verification part, he has not fully complied. He works partially as an independent contractor/self employed (ins sales) and what he has shown me each year is a photocopy of select pages of a hand written tax filing..the pages that only provide his adjusted gross income, by which he justified the amount of $125 to be an adequate child support payment. No W2s, no gross income shown prior to adjustment. We've argued over this over the years. Recently, I got a peek at the real figures. My son was applied for a student loan and needed financial documentation. That's when I saw that his gross was almost double that of his adjusted amount. This has prompted me to take a second look at the situation. I'm contemplating taking this to court.
Here are some questions:
Should I have this reviewed in family court with no attorney, just to have our document reviewed and enforced, or is more than this necessary (ie. hire lawyer)?
Am I at fault for the arears for not persuing this earlier? After all, he has been complying with the actual stated amount in the divorce document.
Am I being presumptuous in assuming that the income verification clause indicates that CS is subject to change based on this? Is that how a judge would view this?
These are my basic questions, although I do have more, but will start with these. Thank you for any thoughts you may have on the subject!