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Illinois Child Support Questions & Answers
1 Answer | Asked in Child Support and Family Law for Illinois on
Q: My childs dad switched jobs and isn't providing insurance to avoid paying child support what can I do?

The father of my kids is on child support and is supposed to provide insurance for my 3 kids. He recently switched jobs and didn't report it to child support. He also isn't providing insurance for my kids like he should be and now I have multiple medical bills that I have to pay out of... View More

Ray Choudhry
Ray Choudhry
answered on Mar 4, 2018

Too many issues intertwined.

You need to discuss with a lawyer.

1 Answer | Asked in Child Support for Illinois on
Q: Can the court legally enforce custodial ex with 2 kids to get a job?

We have 2 school age children, she is selling stuff on ebay sporadically has a teachers license but won't work. My child support is paying the mortgage but she will have to refinance in 6 months to get my name off it. She won't be able to since she's had a sporadic work history and... View More

Ray Choudhry
Ray Choudhry
answered on Mar 3, 2018

No.

She is not paying child support.

Usually, the one ordered to pay support is the one ordered to look for a job.

If she can't refinance, you can request the court for sale of the house to take your name of the loan.

This should already be covered in your divorce judgment.

2 Answers | Asked in Divorce, Family Law, Child Support and Health Care Law for Illinois on
Q: How do courts split the cost of health care?

My son is on my insurance plan, and it is just the two of us. If my plan costs $100 per month, would we split half of $50? I would think my half costs $50, and my sons half costs $50 which we'd split and each pay $25 for his insurance monthly. His father thinks we should only split the... View More

James G. Ahlberg
James G. Ahlberg
answered on Mar 2, 2018

There is no magic answer. Whatever you agree on or a court orders is the "correct" answer.

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2 Answers | Asked in Family Law and Child Support for Illinois on
Q: My wife's ex-husband owes $18,000 in back child support he wants her to settle for $5,000 cash is this legal

My wife's ex-husband and her had two kids together of what she's paid little to no child support over the years and he does have a job as police officer he wants her to accept 5,000 in cash and sign something so that he doesn't have to owe any future or any more child support is this legal

James G. Ahlberg
James G. Ahlberg
answered on Mar 2, 2018

Is it legal? Probably. Is it wise? No, it isn't wise. It is highly likely the court will enforce the original order and make the ex-husband pay the full amount. Further, if your wife hires an attorney to help her collect the back child support it is highly likely the court will make the... View More

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1 Answer | Asked in Family Law, Tax Law, Child Support and Child Custody for Illinois on
Q: Can the mother claim all three kids on taxes return even though I owe back child but divorce decree says I can claim 2.

Mother is custodial parent. I make regular payments but fall behind on extras medical, dental, and extracurricular activities kids are involved in. Clause in Court docs say these Extras should be discussed first. They are rarely discussed or mentioned after the event is sign up for it taken... View More

James G. Ahlberg
James G. Ahlberg
answered on Feb 28, 2018

It depends. It's increasingly common for an order allocating tax deductions for the children to provide that the recipient of support gets to claim the kids for a tax year if the parent paying support isn't current at the end of that tax year, even if the paying parent would otherwise get... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on
Q: I have a voluntary acknowledgement of parentage signed but name is not on birth certificate. Do I have righhts?

My children were born before me and my wife were married. We are now going through a divorce and about to go to our first court date in a week. We signed the Voluntary Acknowledgement of Parentage about a month ago and I sent it in. I thought that was all I needed to do. I got a letter in the mail... View More

James G. Ahlberg
James G. Ahlberg
answered on Feb 27, 2018

If you are going through a divorce, the initial document filed with the court should have been a Petition for Dissolution of Marriage. It should have included a list of the children you have. If the Petition lists all the children and the other side admits the list is correct, the court can declare... View More

1 Answer | Asked in Child Support for Illinois on
Q: How long does it take to stop back child support?

In 2009 I was ordered to pay $4949.20 in back child support in the amount of $50.00 per check. I get paid 2 times a month. I have paid this since 9-30-09.

Cheryl Powell
Cheryl Powell
answered on Feb 26, 2018

Interest keeps racking up. Ask for a redetermination.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: I put down a potential father for child support what if he's not the father? What happens then?

When I went to child support office and the potential father didn't take a DNA test yet. What if he takes the test and he us not the father.

James G. Ahlberg
James G. Ahlberg
answered on Feb 23, 2018

If he's not the father, you need to keep coming up with names until someone's DNA matches.

1 Answer | Asked in Child Support and Family Law for Illinois on
Q: My ex, a father of 2 kids, 16 and 13, is moving from IL to CA. How can I modify the amount of child support to be paid?

I've submitted modification request about 3 years ago, when he changed his job. How often I can submit the request for modification?

Cheryl Powell
Cheryl Powell
answered on Feb 22, 2018

So u want the ca income? And ur case is in il? Get a lawyer in il and go to court.

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Illinois on
Q: I'm married to the father of 3 kids. He has agreed to sign over full legal sole custody to me. How do I do this?

He has been involved with them when he visits me. They have gone to see him alone a total of 3 times in the the three years we have lived apart. I am the sole provider of care in every way and responsible for everything, he had been ordered to pay child support but has given me a total of 400... View More

Cheryl Powell
Cheryl Powell
answered on Feb 21, 2018

Situations with chidren are complicated. Make an appt. to see a lawyer.

1 Answer | Asked in Child Support, Divorce and Family Law for Illinois on
Q: In illinois what is the max they can take out of a fathers check? 1 pre-existing child support where I pay 28% of my net

For 2 kids and currently going through a divorce where they are seeking child support, alimony, pay half of her credit card debt and home support... Thank you for your help!

Cheryl Powell
Cheryl Powell
answered on Feb 21, 2018

50% because u r supporting another family. All other numbers should be determined with a lawyer. Too complicated to do on here.

1 Answer | Asked in Child Support for Illinois on
Q: Can I do an informal negotiation for child support amount and it be legally binding instead of going to the courthouse?
Cheryl Powell
Cheryl Powell
answered on Feb 21, 2018

No. It is not legally binding unless signed by a judge.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: I’m the non custial parent it it my reaponbility to find child care when there no school child does not live with me

I get to see my daughter every weekend no court order and the mother is making it my responsibility every time there no school and I think she she lives with her a and it’s during the week when she is with her mother it’s her responbility

James G. Ahlberg
James G. Ahlberg
answered on Feb 20, 2018

The child's mother can't "make" it your responsibility unless the court has ordered it or you agree to it. Unless there's a court order to the contrary, if there is no school on a day when the mother has custody it is typically her responsibility to find child care.

2 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: My MSA defines my child support pmt based on 120 nights/yr. My overnights are now >170. Can I have the MSA changed?

Case was finalized in June of 2013. Shortly after that, my ex wife suggested that I take the child one more night per week (52 additional nights per year). I understand that anything over 141 nights- or something close to that- is considered true joint participation and I may not be obliged to... View More

Cheryl Powell
Cheryl Powell
answered on Feb 20, 2018

Yes, you could ask to have your child support modified. The child support law now is based upon your income vs. her income. Therefore, even if you have equal or close to equal time, you may still have to pay support based upon any substantial difference in income. Also, I am sure both of your... View More

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1 Answer | Asked in Child Support for Illinois on
Q: I owe back child support ,my check gets garnish along with all my taxes.my kids are 32 and 28 Their mom died 3 years

Do i still have to continue to pay, and where is my money going? The child support is court ordered through the state of Illinois .

Cheryl Powell
Cheryl Powell
answered on Feb 19, 2018

These can be very complicated. The money might be going to the state of Illinois or it might be sitting in an account at SDU, or it could be sent to her and someone is taking the money. You need to see a lawyer.

3 Answers | Asked in Divorce and Child Support for Illinois on
Q: I'm a retired IL state employee on a pension. In a divorce, can she claim part of that pension, my sole income?

I'm retired from the state and have been receiving pension payments for 4 years. Wife owns her own business. We have 3 kids with one at home (age 15) and 2 in college (ages 18 and 19}. House, 4 cars and about $75K in credit card debt are all in my name alone. Also, what percent of my... View More

Ray Choudhry
Ray Choudhry
answered on Feb 19, 2018

If you are part of SERS then she can claim part of it based on length of marriage.

As to child support, this site shows how it is calculated:

http://midamericalawoffice.com/illinois-child-support-estimator/

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1 Answer | Asked in Child Support for Illinois on
Q: Hi if you married and your husband doesn’t work but he’s on child support and the wife work who will pay child support
Ray Choudhry
Ray Choudhry
answered on Feb 18, 2018

You can estimate the child support at this website:

http://midamericalawoffice.com/illinois-child-support-estimator/

1 Answer | Asked in Child Support, Family Law and Federal Crimes for Illinois on
Q: I receive public assistance and live with the father of my children that supports them do i still have to file for child

I live with the father of my children who supports them. I receive public assistance. Do i need to file for child support? He isn't on their birth certificate.I haven't let them know he lives with us. We have been married for 4yrs which I never told them. I would like to come clean but... View More

Cheryl Powell
Cheryl Powell
answered on Feb 17, 2018

The consequences are that you are committing fraud by lying on an application that you live with him. You would be best off just letting your assistance lapse if you would not qualify for it based on his income. Otherwise, you should see a lawyer for your particular facts.

1 Answer | Asked in Child Custody, Child Support and Divorce for Illinois on
Q: 3 years homeless,2 years in a nursing home due to illness.She says 18k back child support.Its been 5 years
James G. Ahlberg
James G. Ahlberg
answered on Feb 17, 2018

You haven't told us which of you was homeless, who was in the nursing home, or what your question is. There is no way to answer a question that isn't asked.

1 Answer | Asked in Child Support for Illinois on
Q: If there has never been a child support order can she ask for back support? She willingly waived her right for support.

A VAP was filed in August 2013 establishing paternity. The mother has never filed for child support. In October the father filed a petition for time allocation as she quit allowing visitation. The father supported her and the child through 2015, the father than shared equal parenting time until... View More

Cheryl Powell
Cheryl Powell
answered on Feb 17, 2018

She cannot gwt back support under these conditions.

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