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"My husband and I were divorced in Cook County several years ago. He has since relocated to California. I now live in DuPage County. I want to petition the Court for an increase in child support and back support, do I need to go back to Cook County to present my petition or can I file in DuPage County where I live?"
You are in luck, you have several choices of counties where you can to see file your new petition.
By law (the Illinois Marriage and Dissolution of Marriage Act), if your ex-spouse no longer lives in Illinois and more than 30 days have gone by, you have the right to go to any one of the following Illinois counties:
1. The county where you now live, in your case DuPage County, or
2. The county where the Judgment for Divorce was entered (or last modified by a later court order), in your case Cook County.
If you are in need of an experienced child support attorney in Illinois, contact the Law Office of Martoccio & Martoccio. We serve clients in DuPage County, Will County, Kane County and Cook County, Illinois.
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