Staunton, IL asked in Family Law, Child Custody and Child Support for Illinois

Q: I won custody case and I am still paying child support because she has not responded since Sept 18'. How do I stop pay?

The mother tried to move my son out of state. My son decided to live with me and has been since July 17'. I took her to court and won custody. She has not responded since my win in Sept 18'. I have paid about 20k in support while my son lives with me. Now he turns 18 in a month and graduates in May. The original order from 02' states support ends on his DOB, my lawyer just filed an order to stop support in May when he graduates as the old order giving her custody is in place because they have not filed a new one after my custody win. Can I use the original order that stops support on his DOB or do I have to go by state law and pay till he graduates. I gave my employer the original order and they said it will work, my lawyer disagrees. I won custody wouldn't that make the old order void? I have custody why do I still have to pay? How do I get her to pay support? My lawyer has tried to get a response from her and my lawyer said she stopped paying her lawyer. What should I do?

1 Lawyer Answer

A: You need to file a Petition to Terminate Child Support. This should have been included in your Petition to Modify Custody.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.