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Illinois Child Support Questions & Answers
2 Answers | Asked in Divorce, Family Law and Child Support for Illinois on
Q: we have my bf’s kids Mon-fri & every other weekend does mom have to pay childsupport doesn’t work but her husband does

Mom doesn’t work so she does not have money to pay child support but she’s married & her husband has a job. Does child support take in to consideration her husbands income for child support?

J. Richard Kulerski
J. Richard Kulerski
answered on Dec 30, 2019

No, her husband's income cannot be used to determine her child support obligation.

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1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: Can my ex file for custody, taxes and child support?

I was given custody in 2017. My ex was not ordered visits or child support. In 2019, Aug my wife and I found out she was doing better and expecting a baby. I let her go live with her mom and grandparents in Tennessee while I live in Illinois so that she would be there for the birth of her brother.... View More

James G. Ahlberg
James G. Ahlberg
answered on Dec 26, 2019

As long as an Illinois court has ruled on such things as custody, parenting time (formerly called visitation) or support, the children should remain subject to the jurisdiction of the Illinois court. The Tennessee court should refuse to take action contrary to the Illinois court's orders. This... View More

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: What is going to happen next?

My ex has been alienating me from my son since he was a year old. Telling him to call me "Uncle". She told me I can be his father when she gets child support. Any visitation I had with him, she felt the need to supervise personally and I was only able to visit with him for 2 hour... View More

James G. Ahlberg
James G. Ahlberg
answered on Dec 17, 2019

You'll need to have a lawyer see the papers the sheriff served on before he or she can tell you what they are and what you should do about them. The lawyer can also give you advice about your rights to see your son and whether or not your ex could legally take him to Florida. A lawyer needs... View More

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Owed 10k in back child support, state is involved. He has quit 3 jobs in 6 months. What can i do. My son is 24 years old

We have been going back and forth to court several times, he does not follow the orders and once the state takes the money out of his check a few times he quits the job. I have pictures that show he is doing roofing jobs, he also owns several expensive cars he is selling. What can I do to help get... View More

James G. Ahlberg
James G. Ahlberg
answered on Dec 16, 2019

If doing it on your own hasn't worked, hire an attorney to file a Petition for Rule to Show Cause. This asks the court to hold your ex in contempt. If you win, the court has to order your ex to pay your attorney fees in Illinois. If it was me, I'd be asking the court to have him sign over... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Illinois on
Q: RELOCATION

IF THE FATHER HAS NOT MADE CHILD SUPPORT PAYMENTS OR SEEN THE KIDS IN OVER A YEAR CAN I RELOCATE IF I HAVE AN EVICTION NOTICE CAN I LEAVE STATE WITH EXTENDED FAMILY ?

James G. Ahlberg
James G. Ahlberg
answered on Dec 9, 2019

Not without a court order giving you permission. It's more complicated than it sounds -- don't try to do it without a lawyer's help. While you're in court you should consider asking the judge to hold your ex in contempt for not paying child support.

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1 Answer | Asked in Child Support, Divorce and Family Law for Illinois on
Q: How can a state have 2 different dockets cases for the same child support? (Same mom, child and dad).

1982 (Michigan) When the divorce was final there was no order of support. In 1986 the mom put in for uresa initiating, & the state the dad was in gave an order of support. (North Carolina) later the dad moved to another state. (IL) Never heard anything from either states til 94 when there was a... View More

Marilyn  Johnson
Marilyn Johnson
answered on Nov 25, 2019

You definitely need to consult an attorney who can advise you.

2 Answers | Asked in Child Support and Family Law for Illinois on
Q: What can be done if a mother is willfully keeping the child from their biological father since birth

She refuses to let the father be apart of the childs life at all or except gifts from the biological father. And she has been in several different relationships since child was born and has told the child to call each one daddy. But will not let the biological father be apart of the childs life.

Marilyn  Johnson
Marilyn Johnson
answered on Nov 25, 2019

The father needs to file a Petition to Determine the Existence of the Father and Child Relationship. The court will have to make a finding of paternity which may require a DNA test. After that the court will determine parenting time, parental responsibilities and child support.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: I am on child support can I get visitation with my daughter

I have been in no trouble have an apartment with my girlfriends 2/kids

Marilyn  Johnson
Marilyn Johnson
answered on Nov 19, 2019

From what you have indicated, you should be able to have parenting with your daughter. You will have to petition the court for a parenting time schedule. Your parenting time will be ordered by the court taking into consideration the age of your child . If you have not been in your daughter's... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Do you always need a lawyer for a child support case if we were never married?

I have been the sole provider for my almost two year old for her whole life. I recently got summoned to court because her dad wants custody and child support. He has a lawyer but I can not afford one. I asked the judge for a 30 day continuance to obtain a lawyer but most of them are $3000.

James G. Ahlberg
James G. Ahlberg
answered on Nov 13, 2019

Strictly speaking, no. Practically speaking, yes. You can build a house without a carpenter, a plumber or an electrician, but how good a house will it be? Similarly, you can present your own case before the judge, but how good a case will it be? Borrow the money from friends and relatives if you... View More

1 Answer | Asked in Child Support for Illinois on
Q: Can i file for child support if the childs father still lives with me but refuses to pay bills

The father collects unemployment and does not pay any bills or for any food or tutoring

Marilyn  Johnson
Marilyn Johnson
answered on Nov 14, 2019

Yes you can. If he is not supporting the child and he is not paying any bills at your residence, then you can petition the court for child support.

1 Answer | Asked in Child Support and Family Law for Illinois on
Q: How can I speed up the child support process without having to pay for a lawyer?

My childrens father and I have recently separated and I filed for child support in September 1, 2019. Havent heard back yet but when I emailed them they said it could take up to 6-8 months of a wait but if I want to speed up the process I could hire a lawyer. I am a single mother of 3 and cannot... View More

Cheryl Powell
Cheryl Powell
answered on Nov 13, 2019

You might be able to get one through your legal services office which would establish parenting time and parenting allocation.

2 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: First hearing for my 3 year old son, never married.

cant afford an attorney. The mother has kept me out of my sons life, he is 3 now. I filed for visitations over a year ago, and we came to an agreement at mediation a couple months ago. At our most recent court date she changed her mind. My case is now set for a hearing and I am supposed to bring... View More

Marilyn  Johnson
Marilyn Johnson
answered on Oct 30, 2019

From what you have alleged,there appears to be no basis for the court to delay overnight parenting time with your son for a year. As he is three years old and you do not have a relationship with him, you will first to establish a relationship with him before overnight parenting time can start.... View More

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1 Answer | Asked in Child Support, Family Law and Social Security for Illinois on
Q: Court order to stop child support payments as of July 2019 child support didn't tell social security until October 2019

Child support payments has been taken from my benefits since September of 2019

Marilyn  Johnson
Marilyn Johnson
answered on Oct 29, 2019

You may be entitled to a reimbursement from the other parent or a credit against other expenses you may owe or even college expenses.

1 Answer | Asked in Divorce, Family Law, Personal Injury and Child Support for Illinois on
Q: I was involved in motor vehicle accident against UBER. Currently filing a lawsuit and I have child support obligations?

I was involved in motor vehicle accident against UBER. Currently filing a lawsuit and I have child support obligations?

I was considered disabled since my accident on 12.24.17 and been home since. We will be pursuing a lawsuit of 7 figures! How does this affect my child support once all... View More

James G. Ahlberg
James G. Ahlberg
answered on Oct 10, 2019

These are questions to take to the lawyer handling your case. He or she is intimately familiar with details about your circumstances that uniquely enable him or her to give you accurate advice. You've already committed to pay that lawyer a large fee. You should feel free to pose your questions... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: How long do I let my ex go on not telling me about our child's medical appointments?

My ex and I share joint and legal custody and defined primary decision making in different areas in the case we cannot agree. My ex has taken our child to several appointments for conditions that they deem as medical but has not told me about any of them. I'm finding out about the appointment... View More

Marilyn  Johnson
Marilyn Johnson
answered on Oct 10, 2019

You must refer to your Judgment for Dissolution of Marriage to see what it states regarding medical appointments. If your ex is supposed to inform you of these appointments prior to the date of the appointment and your ex is not doing so, then you can file a Petition for Rule to Show Cause for a... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Illinois on
Q: We are not married and have a infant child. Who can have custody of a child and percentage of child support?

We reside in ILLINOIS when we had our infant baby and we are not married yet. We now live separately and currently child is with my ex. Does child’s mother automatically become primary care? What are my rights of seeing my child? Do I have any control of when I can see my child? What is the... View More

Marilyn  Johnson
Marilyn Johnson
answered on Oct 22, 2019

You need to file a Petition to Establish the Father-Child Relationship. The child's mother needs to served that petition. You must ask the court for a finding that you are the biological father of the child. Even if you signed a Voluntary Acknowledgment of Paternity, either party can request a... View More

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: what can I do if the father hasn't taken the dna test in court... after the courts has ordered him to twice?

my child is one years old and I have put the father on child support, he has been served and ordered to take a dna test twice yet he has failed to do so, the judge has put a warrant out for his arrest yet he still hasn't been caught, and now my case is up for a progress call. can I ask the... View More

Marilyn  Johnson
Marilyn Johnson
answered on Sep 23, 2019

If you put his name on the birth certificate and he signed the Voluntary Acknowledgement of Paternity the court could enter a needs based child support order. If he is employed and you know where he is employed, you could send a subpoena to his employer for his income documents. Hopefully, he will... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: My 11yrs is in a private school with a scholarship, can he still obtained scholarships after filling child support.
James G. Ahlberg
James G. Ahlberg
answered on Sep 16, 2019

This is a question you'll have to ask the school, since they are the only ones that know the answer.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: My son is turning 11 and his father has never probated, if I asked for child support how many year can we go back?

He’s not on the birth certificate.

James G. Ahlberg
James G. Ahlberg
answered on Sep 16, 2019

Child support is typically only collectible beginning on the day a request for it is filed with the court.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: What can I do? I have 8 year old daughter. We live in Illinois.

My daughter was born in 2010. I was there for the birth but left the hospital to go buy some stuff for the baby.When I came back the ex girlfriend had filled out all the paperwork for the birth certificate.Years later I came to find out she didnt add me on the birth certificate and misspelled my... View More

James G. Ahlberg
James G. Ahlberg
answered on Aug 20, 2019

Get a child support/custody order.

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