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Illinois Child Support Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Does the father of my child have legal parental rights over the baby, if he is still married legally to someone else?

his name is in the birth certificate

James G. Ahlberg
James G. Ahlberg
answered on May 5, 2022

Yes.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Hello, I have I guess a question about child support back pay and who that is owed to after the child leaves the home.
J. Richard Kulerski
J. Richard Kulerski
answered on Feb 10, 2022

Enforcement of a child support arrearage may be brought in the divorce court no matter how old the child(ren).

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Illinois on
Q: My husband just was told he may have a 7 year old son he didnt know about. The mother hasn't had the child for awhile.

the mother is in jail right now waiting a trial and then will go to prison for a while. I am his wife. We want to prove paternity and totally adopt him as OURS . But don't want him around his "mother" ever again seeing as she is so unfit. We have 4 kids of our own and a house and I... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 25, 2022

There are too many variables in your situation for a lawyer to give you solid advice on these issues without sitting down and talking to you and your husband. I encourage you to make an appointment with an attorney in your area who handles adoptions. Also, if DCFS has to due an investigation of you... View More

1 Answer | Asked in Child Support for Illinois on
Q: If one department in Illinois Child Support releases drivers license, can a different part of child support suspend it?

We received a letter three weeks ago that stated my husbands driver license was released and could be reinstated, after agreeing to a payment plan and continually paying. We just received a letter yesterday (dated Sept 30th 2021) that we now have to pay in full or else the punishments will be... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 24, 2021

The Illinois Secretary of States does have a set of rules in order to reinstate suspended, or revoked driving privileges.

Also, any reinstatement of state driver's license does require a fee.

Naturally, no state mechanism works flawlessly. Mistakes happen, scrivener's...
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1 Answer | Asked in Divorce and Child Support for Illinois on
Q: My daughter is 18 and graduated this coming up June. I just found out she will be not going to school after January 1st

Because she has enough credits. Do I still need to pay child support until the actual graduation in June or when she officially stops going to high school?

J. Richard Kulerski
J. Richard Kulerski
answered on Sep 8, 2021

I cannot imagine anyone being able to give you an authoritative answer because the law never anticipated this type of thing happening. The law is clear that you must pay child support until the child reaches 18 or GRADUATES from H.S., whichever is last to occur. It doesn't cover what should... View More

2 Answers | Asked in Criminal Law, Family Law, Child Support and Domestic Violence for Illinois on
Q: Can a judge suspend a case until another one is finished?

Prosecutor is in a more serious(felony) case vs a family court case. Is there any precedent notably in illinois that a Judge can suspend the lesser case until the more serious case is completed?

James G. Ahlberg
James G. Ahlberg
answered on Aug 20, 2021

Yes, a judge can do this.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: I left several messages and emails over 2months but my attorney hasn't contacted me. I need help. What do I do?

Her office stated they would inform her of my issues. That was a week ago.

J. Richard Kulerski
J. Richard Kulerski
answered on Jul 28, 2021

I think you already know what you have to do. Terminate her representation . You have the absolute right to do so and to receive a refund of any unused retainer fee that you paid.

Divorce is tough enough, you don't deserve any problems from the one who is supposed to be trying to...
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1 Answer | Asked in Child Support and Divorce for Illinois on
Q: Hi in my divorce it said no parent is to pay child support but now I am being sent papers for child support can they do
J. Richard Kulerski
J. Richard Kulerski
answered on May 18, 2021

If you have an Illinois divorce, your papers CANNOT say that no parent is to pay child support. The most it could say along this line is that Child Support is Reserved. This means that either party can come back to court after the divorce to establish a child support obligation.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on
Q: I need help trying to get a divorce . I have a 9 yr old son an a house under mine and husbands name.

He will seek for full custody of my son. And will make things hard for him to sign divorce papers. I really need guidance. And and idea of how much will this cost me.

J. Richard Kulerski
J. Richard Kulerski
answered on Feb 20, 2021

The best guidance I can suggest is for you to contact a local divorce lawyer, and explain ALL of the facts to him/her. You really have not provided us with enough info to assist you properly. It is not uncommon for a bully-type husband to make the threat about custody. Divorce lawyers hear this... View More

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1 Answer | Asked in Child Support and Divorce for Illinois on
Q: If a parent is in the hospital and not employed, do they have to pay child support (for that period)?
J. Richard Kulerski
J. Richard Kulerski
answered on Jan 28, 2021

Yes, unless they file a Petition with the court to suspend the support while they incapacitated. Without such a filing, the support continues to be due.

2 Answers | Asked in Child Support, Domestic Violence, Family Law and Sexual Harassment for Illinois on
Q: I called DCFS on my child for being physically and sexually abusive to his younger siblings. What are my rights?

Should I be concerned about them taking my children and how do I prepare for this transition?

William Wolf
William Wolf
answered on Jan 23, 2021

Yes. You should be concerned.

DCFS and the local State's Attorney's Office in the County where you live could conclude that you placed your children at risk of harm and screen the case into juvenile court for a judge to make that determination.

There, you'll need a...
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1 Answer | Asked in Child Support for Illinois on
Q: I pay child support but I have 3 other children with my current wife, can I lower my child support to my exwife?

My my ex wife and child live in Illinois, that’s were the divorce took place. I remarried, so has she, but I have 3 children with my current wife ages 5, 3 and a 7 month old, we live in Florida. I want to lower my child support. Is having 3 kids (this adds a lot More expenses) a substantial... View More

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 29, 2020

Yes you can seek a modification. One child can often be enough to change amount and meet the substantial and continuing change requirement, and will most likely cross that threshold, unless you are a high wage earner. There are other factors to consider and requesting modification doesnt always... View More

1 Answer | Asked in Child Support for Illinois on
Q: My child is 18 in Aug 2021. Does my child support obligation automatically terminate in KY?

He will be out out of HS at time of turning 18. Would KY automatically terminate child support or would I have to do something on my end in order to have it terminated?

Paul Ylvisaker
Paul Ylvisaker
answered on Dec 17, 2020

The answer is...it depends. If the child support agency for the state was responsible for obtaining the order then arguably yes. Termination dates are typically tracked and the order terminated by the state (more specifically, the lawyers who work for the agency). If the order was part of a decree... View More

1 Answer | Asked in Child Support and Employment Law for Illinois on
Q: Can I work even if one of my parents is paying child support for me?

I’m 16 and one of my parents is giving child support to my other one. With the pandemic going on my mother, who receives child support, recently lost her job. I’ve been wanting to help her but she’s questioning whether I’m allowed to work, since my father is giving her child support. I just... View More

James G. Ahlberg
James G. Ahlberg
answered on Nov 6, 2020

Yes, you can work. And I salute you for being so responsible.

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Illinois on
Q: will i get in trouble for Running away from a place my mom makes me live because she kicked me out

my mom kicked me out and let me live with my boyfriend and signed a paper saying his dad had custody but then she changed her mind and signed me over to my grandparents who i barley know we didnt go through anything legal it is just a paper out of a notebook saying i can live there do i have to... View More

Cheryl Powell
Cheryl Powell
answered on Nov 2, 2020

Legally, you are required to live wherever your parents say. No court order means nothing enforceable typically. Your parents can choose to give guardianship or to take it away. Anyone who harbors you can be charged with harboring a runaway.

1 Answer | Asked in Child Support, Divorce, Family Law and Health Care Law for Illinois on
Q: What happens to my child support for Iowa but my ex wife is moving to IL. My son is covered by Iowa health insurance.
James G. Ahlberg
James G. Ahlberg
answered on Oct 22, 2020

Your child support is determined by the last court order. It doesn't change just because a parent moves from one state to another.

1 Answer | Asked in Family Law, Child Support and Collections for Illinois on
Q: Was recently told my father failed to pay child support, I'm 21 now. Can I still sue for back child support?

If I can sue for the back child support what information do I need to do so?

Cheryl Powell
Cheryl Powell
answered on Sep 30, 2020

No. That money was for your mother to help her financially. It was not and never will be your money. But if there is a back child support order, your mother can sue him for it.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: i want to live with boyfreind i want to emancipate myself we had a kid but lost him im 15 i stuggle with mom i work

me and my boyfreind want to get an appartment i want to emancipate myself at 15 and a few months when ive been stuggeling with my mom for 3 years knew my bf for a year and months dont feel comfterable with my step dad i work and my boyfreind works when i was pregnant my mom put alot of stress and... View More

Cheryl Powell
Cheryl Powell
answered on Sep 22, 2020

It is rare for a 15 year old to get emancipated. You do not say how old the bf is.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: What can I expect to happen in court?

My ex-wife and her husband received TANF a few months back and now the state it coming after me for child support. Even though our divorce papers state that we agreed to neither of us paying child support or any sort of alimony. She said she is not going to be able to make it to our court hearing... View More

Cheryl Powell
Cheryl Powell
answered on Sep 22, 2020

Typically, you are sued by the Illinois Department of Human Services. They are not required to recognize your court order and can modify it.

Her presence id not required.

1 Answer | Asked in Child Support for Illinois on
Q: I received a petition to determine the existence of the father and child relationship what happens now?
Cheryl Powell
Cheryl Powell
answered on Sep 21, 2020

You should respond to the petition. File your response with the circuit clerk. See a lawyer.

This petition likely concerns parentage, parenting time, parenting responsibilities, child support and who claims the child on taxes. It could also be about health insurance and health expenses...
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