Can my divorce be re-opened after 3 years?

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Can my divorce be re-opened after 3 years?

I was divorced from my ex-wife going on 3 1/2 years ago. We were awarded joint custody with no child support either direction. She is now threatening to take me back to court to get child support and I have been paying regular monthly expenses as well. Can she do that and what are my options?

Asked on September 30, 2011 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This question is very difficult to give guidance on with out reading the terms of the divorce and the court orders a to why there was no child support ordered.  That seems unusual to me as generally speaking states always look at the parties income and make a determination as to allocation of support as the obligation to support your child is really separate and apart from other "expenses" as you have called it.  Illinois has child support guidelines in place and that paperwork should have been handed in to the court when you handed in your divorce papers.  Now, changes or modifications to the order of a court can indeed be requested when there has been a change in circumstances of the parties.  It has to be a good reason.  So say you were ordered to pay support and then lost your job you would request a temporary downward modification of the amount.  You need to seek legal help in your area on this matter.  Good luck. 


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