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Illinois Child Support Questions & Answers
1 Answer | Asked in Child Support for Illinois on
Q: How is back child support calculated. I am owed over 22,000 and the state only has my ex paying $9.20 a week
Ray Choudhry
Ray Choudhry
answered on Aug 28, 2018

Every case is different.

How much is he paying current.

When the $9.20 was set up, how was it arrived at.

1 Answer | Asked in Child Support for Illinois on
Q: I filed child support by mistake would if be hard to cancel it?

Lady that gave me the forms had a very nasty attuide, and many people were asking her questions when I was trying to get my forms. She gave me the forms and told me fill them out. I asked is this for the link card she said yes, yes. As i was filling them out it did not make sense to me; since it... View More

Cheryl Powell
Cheryl Powell
answered on Aug 24, 2018

Where did u get these forms? The public aid office or the circuit clerk's office? After u got them and filled them out, did u give them to anyone? Who?

1 Answer | Asked in Family Law, Child Support and Employment Law for Illinois on
Q: Can an employer pay bonuses separate from regular hours so that child support does not come out of the bonus check?
James G. Ahlberg
James G. Ahlberg
answered on Aug 22, 2018

Many employers pay bonuses on a separate day with a separate check from regular payroll. Normally, support is set as a set number of dollars per week, biweekly, or monthly. As long as the correct amount is taken from the regular paycheck, when and how a bonus is paid should not matter until it... View More

1 Answer | Asked in Divorce, Child Custody and Child Support for Illinois on
Q: My son does not want to see his dad anymore he’s 17 and will be 18 in 6 months. Is this a possible chance in court?

He doesnt want to be there another day and we have NOT settled college because he was too young at time our divorce finalized. I am assuming he’ll lose that. Main factor his dad is a drug user but hard to prove. This is an INDIANA case.

T. J. Jesky
T. J. Jesky
answered on Sep 12, 2018

Short answer: Probably.

Illinois follows the Uniform Child Custody Jurisdiction and Enforcement Act. To be most specific, in Illinois, custody is decided based on what is in the best interest of the child.

The court considers many items when making a custody decision, including:...
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3 Answers | Asked in Bankruptcy and Child Support for Illinois on
Q: Can my ex ask to increase the amount I pay in child support because after I went through bankruptcy I have less debt?

I have been paying in time my child support for my two sons. One of then recently turned 19 and I am stopping child support for him. My ex now wants me to increase the amount I pay for the second 16 year old child. I recently filed for bankruptcy and she says that since I have less debt I should be... View More

Cheryl Powell
Cheryl Powell
answered on Aug 15, 2018

Not so much for that. However, the child support guidelines have changed and you only have one child to support. Her income is to be taken into account now as well. Without her income info, I have no idea where u would fall...paying was or more. You need to see a lawyer if you wish to change it.

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1 Answer | Asked in Child Support for Illinois on
Q: My ex has full custody, our daughter turned 16 and he wants me to pay half for a car that she does not need nor wants.

we have nothing in the agreement about a car, he keeps calling and screaming at me that i will pay half

Cheryl Powell
Cheryl Powell
answered on Aug 15, 2018

If he wants her to have one, he can supply it. Oftentimes, that makes their visitation more convenient without having to deal with transportation. He can pay al costs associated with it. You do not have to pay anything.

1 Answer | Asked in Adoption, Child Custody and Child Support for Illinois on
Q: even though I don't want to do this, how would I go about giving up my rights and not have to pay child support.

My sons last name was changed in July of last yr. I told the judge only way I would allow it is if his step father adopted my son and asked if I could give up rights n paying child support n the judge just granted name change. I never wanted out of my sons life and was willing to work with them but... View More

Ray Choudhry
Ray Choudhry
answered on Aug 13, 2018

You can't force her husband to adopt.

So, you are stuck.

But, you can assert your rights to be more involved with your child.

If you stay with it, you will get a court hearing.

1 Answer | Asked in Child Support and Collections for Illinois on
Q: Hi, if my twins father gets married and buys and sell property under his wife's maiden name while they were married

Will I be able to collect or sue for unpaid child support?

T. J. Jesky
T. J. Jesky
answered on Sep 10, 2018

Regardless of whether your ex buys or sells property, you state you have "unpaid child support." You are entitled to this unpaid child support now.

Let me suggest you contact, the Illinois' Division of Child Support Services, they will pursue several remedies on your behalf....
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1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Woman I knew for a week 15 years ago is coming out of no where and saying I'm the father of her child. Do I need to pay

I was unaware of this and now have a wife and children who I fully support. Can she come and take our money? What rights do I have? I'm not on the birth certificate and never took a paternity test. What if I refuse to take the test? Can anyone just accuse anybody of being the father and get... View More

James G. Ahlberg
James G. Ahlberg
answered on Aug 13, 2018

If she is contacting you directly, I suggest ignoring her. If she is contacting you through a court, DON'T refuse to take the paternity test. In the first place, the court will order you to participate. In the second place, the paternity test is your surest way of proving you are not the father.

1 Answer | Asked in Child Support for Illinois on
Q: Can both parent sgo in an agreed amount to be paid on child support to court???
Ray Choudhry
Ray Choudhry
answered on Aug 6, 2018

Usually the court approves the agreement of the parties unless it is one-sided.

1 Answer | Asked in Child Support for Illinois on
Q: Hi I reside in Illinois. If my ex (not husband) refinanced and received 43k would he have to pay child support off this?
Ray Choudhry
Ray Choudhry
answered on Aug 5, 2018

Getting a mortgage is not income.

If he puts the money in savings and collects interest, that would be income.

$40,000.00 at 2% interest is only $800.00 a year.

1 Answer | Asked in Child Support for Illinois on
Q: In Illinois, can you have child support ordered back to the date the custodial parent filed for support?

Or is it you can only go back to when the non custodial parent was served with court papers? Non custodail parent signed the acknowledgment of paternity and birth certificate when child was born no dna test was needed or ordered or queationed

Ray Choudhry
Ray Choudhry
answered on Aug 5, 2018

In general, child support is retroactive to date of service.

However, given the circumstances, the judge can go back further.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: Is it illegal for my ex to move my children out of state without my permission

She moved them to Minnesota in 2014 without my permission. But now is wanting child support. But I cant even see my children she has been keeping them from me.

James G. Ahlberg
James G. Ahlberg
answered on Aug 6, 2018

She needs permission from either or the court. The time to raise your objection was four years ago, however. It all depends on the exact facts and circumstances as well as the judge who hears the matter, but most judges are going to be reluctant to drag kids back after they've been in their... View More

1 Answer | Asked in Child Support for Illinois on
Q: My son is refusing to pay his ex child support and is buying things instead and keeping the receipts. Does that count?

They were not married. There is no Court Order. She is asking for money suggesting she'll take him to court if he doesn't pay. He is buying food, clothes, toys etc every month but refuses to give her the money.

Ray Choudhry
Ray Choudhry
answered on Aug 3, 2018

It is in both their interests to have a court order entered.

That will do away with disputes of this kind.

If there is a support order, the child support will be taken out of his paycheck.

1 Answer | Asked in Child Support and Family Law for Illinois on
Q: Recently went through a child custody battle. Opposing lawyer is now asking for fees to be paid? Advice on combating it

Settled day before trial. I make more money than other party but that is because they did not work to keep income low to get more support. Also other party still utilizing WIC, SNAP, and medicaid for themselves even though they receive a large amount of support on a monthly basis. Other party is... View More

Ray Choudhry
Ray Choudhry
answered on Jul 24, 2018

The judge decides if the fees are reasonable.

After that who should pay how much of the fees.

The judge will take into account assets and ability to pay of both parties.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Is my ex entitled to a percentage of the sale of my home? My current husband and I built a new home and then sold one.

This would be in regards to finding net income to determine child support obligations for one child.

Ray Choudhry
Ray Choudhry
answered on Jul 20, 2018

Sale of your home is not income.

It is no different than selling stocks and bonds.

However, income from the proceeds might be considered income to calculate child support.

1 Answer | Asked in Child Support, Divorce, Family Law and Child Custody for Illinois on
Q: Divorced 5 years ago in Illinois Havent received child support in that time. I want to move out of state.

I have sole custody. However I am not allowed to move out of state.(want to move to Iowa. 60 miles away. My ex refuses to even attempt to get a job to help pay for our son. What are my options?

J. Richard Kulerski
J. Richard Kulerski
answered on Jul 10, 2018

File a two count post judgment petition in the county where you were divorced. The first petition is for removal of the child to another state. You can move up to 50 miles legally, and the judge is not likely to rule against you because of the extra 10 miles. The second petition is for contempt... View More

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: my niece (by marriage) is still paying child support, to her ex-husband, for her son, who has been living with her, in

her home, for the last four years. she does not know who to speak with, in order to get it stopped. i told her i would try to get information, for her, to help her. Thank You

Ray Choudhry
Ray Choudhry
answered on Jul 5, 2018

She needs to hire an attorney to go into the divorce court to stop it.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Mother of my daughter plans to leave the state. I don't want my daughter to leave. I pay child support, if that helps.

I pay child support. We never went to court, we made a verbal agreement on my visitation time. My daughter is 7, and I have been an active dad since the day she was born. Now her mom says she plans to leave the state. I don't want this to happen as I love my daughter and need to see her.

James G. Ahlberg
James G. Ahlberg
answered on Jun 22, 2018

You have two options.

1. Hire a lawyer and go to court to establish paternity, support and parenting time. Doing so means she must either get your permission to move the child out of state or she must get a court order allowing her to do so.

2. Do nothing and let her go.

That's it. Two options.

1 Answer | Asked in Child Support for Illinois on
Q: Do you have to pay child support once the kid turns 18? There was never a child support order.
Noelle C. Cislo
Noelle C. Cislo
answered on Jun 22, 2018

The Illinois statute provides that a child is entitled to support until they either turn 18 years old or graduate from high school, which ever occur later, but in no event, beyond their 19th birthday. However, there are different statutes surrounding the requirement to pay support if a child is... View More

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