Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My husband makes about $80,000 a year. He pays his ex-wife $1300 a month in child support for their two daughters plus $1000 a month in maintenance for her, and school tuition which is $500 per month. So, he’s paying $2800 per month, plus medical and dental. I need to know how we could get her to pay for the kids tuition. Since his divorce we have had another baby, also their tuition has went up again this year. We just can’t afford it anymore. His attorney hasn’t really been helping us, so I was just wondering if there was some way we could go in front of a judge have our case heard. We cannot afford the retainer fee for another attorney, and I want to file some sort of motion, but I don’t know what type of motion to file for this situation. I’m not sure if you’re familiar with Illinois law regarding this. But any help we could get would be appreciated.”Unfortunately, the reality is that your best hope of getting any relief is to have an attorney, both because they really are the ones who know how to work the system, and also because judges typically dislike dealing with parties who are representing themselves and so cut them no slack.
Question: In nearly all, if not all, states, the birth of a new child is grounds for having child support modified, so odds are good that an experienced attorney would be able to help you.
