Get free answers to your Child Support legal questions from lawyers in your area.
Court ordered support has been withdrawn from paycheck in IL for child residing in OR. IL says he has overpaid around $3200. Oregon says arrears of the same amount and we cannot get anyone to speak with. Just received notice that his stimulus check was kept to put towards arrears. What is suggested... View More 
answered on May 19, 2020
The answer is to go back to the court orders:
$50/wk from x to x
$25/wk from x to x
Make a list. Go to the perpetual calendar if dealing with weeks. Compare the required payments to the payments made. If arrearages are already calculated at one time, go back to that order... View More
My husband emotionally abusuing me. I am well controlled diabetic but also has hypoglacemia history. Paramedics treated me few times. Will i loose my child custody? Though last hypoglecemia happened four yrs back in different country.
My husband is also well controlled type1 diabetic. Does... View More
answered on May 4, 2020
You have not provided enough facts to allow for a definitive answer, but there isn't anything you have said that would indicate you would not receive at least 50% of the parenting time. Your depiction of your health condition does not hurt your chances of being the residential parent. The fact... View More
Dad took Mom to court for custody of 15yo daughter. Mom didn't fight it, Dad got custody. Dad is an emotional abuser and it's not working out. He won't just let her go back to the mom without going to court "because he doesn't want to pay child support". Is there a way... View More
answered on May 7, 2020
Parties can agree to modify parenting time without a court order. Parties cannot modify child support orders without a judge signing an order. If the goal is to modify parenting time, the parties can agree and they should put any agreement in writing.
If the child lived with mom, dad would... View More
answered on Apr 11, 2020
Child support itself ends when the child turns 18 or graduates from high school, whichever is last to occur. However, a new setoff rules kick in if the child is attending full time college. Google Section 513 of the Illinois Marriage and Dissolution of Marriage Act and refer to the College Expense... View More
My ex has primary authority on medical however they are not following the court order reading having discussions with me on medical procedures, notification of appointments or providing me access to the healthcare provider information.
I want to make sure I have enough supporting information.
answered on Mar 9, 2020
Your judgment may indicate how you are to communicate with your spouse which be via Family Wizard, email,etc. If so, communicate as is required by the judgment. If not, communicate in writing so that you can present written evidence in court as to the violation of your judgment.
I have bills I've paid, receipts, and statements that 70 percent of my check went towards living for all my family, my ex and two of my kids. Been together 23 years and she only worked 12 of them and I have notarized letters that I gave her child support every year until recently. I lost a job... View More
answered on Feb 28, 2020
If there is a child support order, you are responsible for that payment. You are entitled to visit with your children, but if former wife does not allow you to have parenting time with the children then you will need to petition the court for parenting time. If there is already an order for... View More
The father quit working and has been living off of an inheritance; buying large extravagant toys for himself, his girlfriend and their child, yet his other children have gone months without any child support and his ex wife has been fighting him for his court ordered health insurance for his... View More
answered on Feb 26, 2020
The mother should go to Court and ask for an order modifying child support and a judgment on any past due child support. The Court may consider the inheritance in ordering a lump sum child support payment or other monthly payment (especially if the father is living off an interest from the... View More
I'll
answered on Feb 21, 2020
You will have to file a Motion to Modify support alleging that a substantial change in your income has occurred. Courts do not believe that all decreases in income are a substantial change, so if your income only decreased by a small amount you may not be able to decrease your payments. In... View More
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... View More
answered on Feb 25, 2020
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... View More
I got divorced in September of 2019 there was no previous court order that required my ex to true up for his secondary employment. I was told by my attorney that he only has to true up from the date of the divorce until the end of the year. Nothing about retro pay is mentioned in our MSA. MSA only... View More
answered on Feb 4, 2020
Rather than being pro-rated it is likely to be based on income earned from the date of the divorce through December 31. Your best bet is to ask the lawyer who represented you in your case, since he or she will be familiar with the terms of your MSA and their interpretation.
She stated she disagreed with the amount. She wasn’t aware the tru-up starts day of filing divorce agreement. Check was significantly less than she expected. She threatened to and then the ripped check up. She gave me a pic to prove it.
answered on Jan 25, 2020
Send her an email or a certified letter offering to go halves with her on an independent accountant or divorce lawyer to calculate the amount that the true-up requires. Otherwise, you don't have to do anything until she files a Petition to hold you in contempt of court. Then, you can show the... View More
I would like to change my child’s last name to my last name. Their dad and I were never married, we don’t have any court order custody agreement, and he’s always been in and out of her life and not financially responsible. I was informed by him about 6 months ago that he has started the... View More
answered on Jan 23, 2020
It can be done through the courts, but you will be required to provide notice of the court proceeding to the child's father. Be prepared to show it is in the best interest of the child to change the name.
Our current order states that the three of us (mother, father and child) will work unilaterally regarding College. So far I've been kept in the dark and our child won't answer any of my questions regarding college. Our currently order only states that if the three of us cannot agree... View More
answered on Jan 18, 2020
Ask your ex-spouse about college. Your child wasn't a party to the legal proceeding in which the order was entered, whereas your ex was. Your child can't be held in contempt for not obeying an order in a legal proceeding to which the child was not a party. Your ex is bound by the order... View More
Child wants to graduate high school early but I don't think they are mature enough yet. We don't have anything outlined in the parental plan for higher education however I am the primary decision maker with high school.
I'm curious if our child attends college after... View More
answered on Jan 20, 2020
Frankly, the best answer I can give is not to fret about something so far away over which you have little or no control. This is the advice I'd give if you were a client.
Can I be the one getting it now I'm of age and live on my own and have lived on my own since I was 17
answered on Jan 13, 2020
You legally became an adult on your 18th birthday. Child support normally stops on the child's 18th birthday or graduation from high school, whichever is later. There are exceptions if you're disabled or if your parent has been ordered to contribute to your higher education (college, etc.).
Paid Thru workman compensation of a check of 60% of my previous salary. I had a child support order for $210 a week but due to the fact that I was hurt and no longer getting paid from the job those payments stopped. I paid my Kids mom $110 a week since I was injured because I was only getting 60%... View More
answered on Jan 12, 2020
You cannot change the amount of child support owed without a court order modifying it. So even if your income was reduced, you still owe the child support per the court order. At the time of your injury, you should have petitioned the court to modify the child support order. The child's mother... View More
Written and signed by the custodial parent and stamped and signed by the Kane County Court on 1-12-07. My job finally stopped child support payments on 12-26-19 after realizing they were in violation of the court order termination date. The custodial parent wants to take me back to court to... View More
answered on Jan 12, 2020
You should not have to pay any backpay but the other party can file a Petition for Contribution for College Expenses. This can be done only the child is going to college. If he is working and not going to college, he is emancipated and you will not have to pay any more child support for him.
My ex and I originally compromised on our initial child support agreement. He offered a generous amount until the youngest of 4 kids was 18. I had always been stay at home mom. Because of his generosity (no calculations or % when it was still law), I did not seek maintenance. Then when oldest is... View More
answered on Jan 10, 2020
It is probably too late to seek maintenance, although you may have a very slim chance by arguing you and your ex were mistaken as to the facts involved when you made your choice. A judge can consider (and award) college expenses and can take into account the added expense of raising a disabled... View More
My ex-wife is employed by a ligation and personal injury attorney in the state of Missouri. He represents her at no charge in the state of Illinois where our case has been initiated. Is it a conflict of interest for him to represent her?
answered on Jan 2, 2020
If he was your boss it would be a conflict of interest. If he's her boss it is not.
answered on Dec 31, 2019
18 or graduation from high school, whichever is last to occur - but not to exceed age 19.
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