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

Q: Can she seriously do this?!

My husbands ex wife had custody of their daughter. We had her every summer and every other weekend and for a year while she was in high school....the entire time we were paying the mother (except during months the girl was with us) and getting receipts from her with no problems. Never needed to go through the state because of the amicable relationship.

Many years later, (after the daughter was an adult with a child of her own) my husband and his ex had an affair. I found out and left, at which point my husband apologized and we decided to try again.

Well that didn't go over well with the ex who began stalking is to the point of our being granted a no contact order. At this point my step daughter is 25 with 3 kids and about 45 days after being granted the no contact order, we receive a letter saying we owe 30000 in back child support or close and our taxes have been taken and given to her for 2 yrs for money we already pd.

We kept receipts to she was 20 but then finally tossed

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1 Lawyer Answer
Marilyn  Johnson
Marilyn Johnson

A: Yes she can petition the court for child support arrearages. The child support order should been modified years ago due to the change in the custodial parent. As it was never modified, the child support plus interest is owed. The payor has to provide proof of the payments. So if the former spouse says she never received the payments she will be successful in court unless you provide proof of payment.

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