If I have residential custody of our child and am receiving child support but she will be living with her dad now, how do we legally change the support?

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If I have residential custody of our child and am receiving child support but she will be living with her dad now, how do we legally change the support?

Asked on October 2, 2012 under Family Law, Illinois

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can file an agreed motion to modify the custody and support orders.  If everyone is in agreement the process is fairly simply-- file a motion and have a very short hearing in front of the judge to prove up that the change is good for the child.  You can use online forms for the modification and subsequent order, but considering that it seems to be an agreed order, you may want to have a family law attorney at least help you with the drafting of each so that the agreement and responsibilities are clearly outlined.  A well drafted order really helps minimize future issues.


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