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?
A: your payments will most likely begin when the petition for support has been filed with the court
Cheryl Powell agrees with this answer
A: It is possible to get back child support depending on the circumstances. Talk to your lawyer about this.
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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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