Rockford, IL asked in Child Support for Illinois

Q: How can I get the child support that I paid to my ex back since I have had kids FT since she went into Nursing Home?

My ex went into Hospital end of December 2019. I have been paying child support this whole time due to our court case being pushed back due to COVID. The last court case we had the judge stopped the child support order, however, didn't "order" the POA to give the child support back to me for the kids. The judge stated to work it out with the POA, however, he told me that he was not giving the money to me because it was for the kids and her (my ex), even though I have had them 100% of the time since the beginning of January. Since the end of April I have had them 100% of the time with my g/f and I working opposite schedules to be there at all times for the kids. Prior I had family help watch and the POA said because I had other people watch them he would not give me ANY of the money back. Please advise if I could take them to small claims in order for the court to provide a judgement to get the child support back for the kids. Food, clothes, housing, has all been provided by me since.

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1 Lawyer Answer
Cheryl Powell
Cheryl Powell
Answered
  • Mt Vernon, IL
  • Licensed in Illinois

A: If a judge in family court has denied your child support related request, you cannot then take it to small claims court and get a second bite at the apple.

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