Chicago, IL asked in Family Law and Child Support for Illinois

Q: In 2015 I was hurt at the job and I was unable to work while recovering from a surgery. During that time I was getting

Paid Thru workman compensation of a check of 60% of my previous salary. I had a child support order for $210 a week but due to the fact that I was hurt and no longer getting paid from the job those payments stopped. I paid my Kids mom $110 a week since I was injured because I was only getting 60% of my salary. While I was injured I had to pay and maintain health insurance for me and my son all the while paying my own rent, car note, bills,etc. My Child's mother has always claimed that regardless of me being hurt she was still entitled to the whole $210 of support and has always threatened to take me back to work for $5000 which she claimed is owed. Fast forward to 2020 and my son has turned 18 and the original termination date of my child support court order was November 20,2019 but my job finally stopped child support payments on December 26,2019. My Kids mother has vowed to take me back to court to reinstate child support until my son graduates. And ask about back pay from the injury

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1 Lawyer Answer
Marilyn  Johnson
Marilyn Johnson

A: You cannot change the amount of child support owed without a court order modifying it. So even if your income was reduced, you still owe the child support per the court order. At the time of your injury, you should have petitioned the court to modify the child support order. The child's mother can petition the court for you to contribute to college expenses.

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