East Peoria, IL asked in Child Support for Illinois

Q: I'm just now filing for CS for my 10 and 5 year olds. Will I get back CS for them or will payments start fresh?

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4 Lawyer Answers
Dennis Delman
Dennis Delman
Answered
  • Skokie, IL
  • Licensed in Illinois

A: your payments will most likely begin when the petition for support has been filed with the court

Cheryl Powell agrees with this answer

Ray Choudhry
Ray Choudhry
Answered
  • Moline, IL
  • Licensed in Illinois

A: The usual rule is they start from the date of filing.

Cheryl Powell agrees with this answer

Cheryl Powell
Cheryl Powell
Answered
  • Mt Vernon, IL
  • Licensed in Illinois

A: It is possible to get back child support depending on the circumstances. Talk to your lawyer about this.

Gary W. Wangler
Gary W. Wangler
PREMIUM
Answered
  • Belleville, IL
  • Licensed in Illinois

A: Generally speaking, Illinois courts will not award child support retroactively (so-called "back child support") earlier than that date the application was filed and notice given to the other party. However, you should request retroactivity in your pleading. The court has the equitable power and discretion to award retroactive child support after considering various factors, including the past actions of both parents, the impact of a child support obligation on the payor parent, whether that parent was evading paying child support, and your reasons for delaying your demand for child support. You should definitely seek the advice and assistance of a lawyer.

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