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Illinois Child Support Questions & Answers
1 Answer | Asked in Family Law and Child Support for Illinois on
Q: I'm on disability, i have temp custody of 2 kids im in arrears on my oldest. Contempt has been filed. What can I do?

Dcfs took my youngest 2 from the mom. I've had them for 6 months. I have been on SSI since 2012 but haven't been able to work since 2008 cause of my disability. I am in major arrears an they have filed civil contempt of court. What is my best next move considering I can't afford an... View More

James G. Ahlberg
James G. Ahlberg
answered on Feb 22, 2019

Your question is confusing. You indicate you are receiving SSI (Supplemental Security Income) benefits. If SSI is your only source of income, you shouldn't have child support assessed against you since that income is exempt under federal law. On the other hand, you indicate you are disabled... View More

1 Answer | Asked in Child Support for Illinois on
Q: Does F MLA defer child support in Illinois? I'm on leave for a mental illness I need to know if and what I need to do?

I live in MO, have a child support order in IL, does the FMLA defer child support?? Or am I still responsible while on leave (for a mental illness)??

Ray Choudhry
Ray Choudhry
answered on Feb 21, 2019

If your income goes down without your fault, you have a right to petition the court for a reduction.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: I won custody case and I am still paying child support because she has not responded since Sept 18'. How do I stop pay?

The mother tried to move my son out of state. My son decided to live with me and has been since July 17'. I took her to court and won custody. She has not responded since my win in Sept 18'. I have paid about 20k in support while my son lives with me. Now he turns 18 in a month and... View More

Marilyn  Johnson
Marilyn Johnson
answered on Feb 24, 2019

You need to file a Petition to Terminate Child Support. This should have been included in your Petition to Modify Custody.

1 Answer | Asked in Child Support for Illinois on
Q: I have full custody of two children and do not receive support, would this effect what I have to pay on my third child?

I have had custody of my older two children for 8 years, in that time I have never received child support. I am being taken to court for my youngest child whom I do not have custody of, how can I Ensure that I have enough money to support the two I have at home and it be fair to the other parent of... View More

Ray Choudhry
Ray Choudhry
answered on Feb 19, 2019

Click on the 4th link from the top on this page. It is an Illinois Child Support Estimator.

It takes into account different children from different relationships.

https://midamericalawoffice.com/child-support/

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: My husband and I want to move to Texas to better our situation but, sons father owes 3,000 childsupport, can I take him?

My sons father had my son live with him for 2 months and it went sour. His girlfriend watched our son and never packed him a lunch or took him to school some days and the school contacted me. I then got my son back. Now my husband, daughter and youngest son are moving to Texas from IL to better... View More

James G. Ahlberg
James G. Ahlberg
answered on Feb 8, 2019

You need permission from the court to move your child out-of-state. There are a number of legal hoops to jump through and numerous things the judge needs to consider. Contact an attorney to get this done -- it is not something most people will succeed in doing on their own.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: I have a 15 year old child support case with my ex. She's not made a payment in over 3 years. Can I ask for jail time?

She has never paid in full period in 15 yeaes. She's always been behind. I'm moving out of state and can't afford to keep coming back to press the courts to make her pay. Our children are 20 and 21. She quit paying the last time before our son was 18. She even admitted to this judge... View More

James G. Ahlberg
James G. Ahlberg
answered on Jan 31, 2019

Your attorney should file a Petition for Adjudication of Civil Contempt. This should result in an order to your ex to prove why she shouldn't be held in contempt of court for not paying support when it was due. A possible consequence of her being found in contempt is that she will receive a... View More

1 Answer | Asked in Child Support for Illinois on
Q: I want to get an amendment to my separation agreement/divorce decree.

I got divorced in North Carolina but have since moved to Illinois. My ex now lives in Texas. If I want to get an amendment to my separation agreement/divorce decree, which state should I get a lawyer in?

Ray Choudhry
Ray Choudhry
answered on Jan 20, 2019

The case stays in North Carolina until the judgment is registered in some other state.

2 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: My step children were taken away from their mother by DCFS. The mother has not stopped the child support what do we do?

She is also still claiming them for food stamps and medicaid in Florida, which they are enrolled in school with us and are claimed for food stamps and medicaid by us in Illinois.

Ray Choudhry
Ray Choudhry
answered on Jan 17, 2019

You need to go to court to get a revised parenting plan and ask that child support stop.

You might even be entitled to collect child support from her.

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1 Answer | Asked in Family Law and Child Support for Illinois on
Q: I've paid child support for years but haven't seen son in 6 years. Can I have child support stopped
Ray Choudhry
Ray Choudhry
answered on Jan 17, 2019

Child Support and Parenting Plans are two different things.

If you want to see the child, you should request it by filing the proper forms.

1 Answer | Asked in Child Support for Illinois on
Q: If I'm paying child support, am I on the birth certificate?

I took a state issued paternity test, I am the father. Now my ex is withholding my visitation. Claiming I'm not on the birth certificate so I have no right to see my kid. However I still pay child support so how could that be?

Ray Choudhry
Ray Choudhry
answered on Jan 11, 2019

Looks like your name was not on the birth certificate.

Otherwise a DNA test would not have been needed.

What you need is a parenting plan giving you parenting rights.

The fourth form on this web page is the recommended form in Illinois:

https://midamericalawoffice.com/divorce-forms/

1 Answer | Asked in Child Support and Workers' Compensation for Illinois on
Q: I receive a workers comp settlement 15 yrs ago while I was paying child support to x wife never told her and court

now she knows how do I handle it go to the court and tell them

Ray Choudhry
Ray Choudhry
answered on Jan 8, 2019

Were you required to report it?

Double check your court orders.

If you were and you short changed her, you could have to repay with interest and possibly face contempt of court charges.

1 Answer | Asked in Child Support for Illinois on
Q: My employer has been taking child suport out of my check but not paying it in
Ray Choudhry
Ray Choudhry
answered on Jan 5, 2019

This is something the payee's attorney is supposed to take care.

There are penalties for employers for not forwarding the withheld child support in a timely manner.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: How do I request my ex completes rehab or an alcohol treatment program & get supervised visits until he's paying support

My 2 mo old lives w/me full time. Her dad & i fight over her nonstop. He barely sees her now & isnt helping financially so im filing for support. He threatened to seek sole custody if i did file. He has a very serious alcohol addiction now. He gets violently ill after 2 days w/out alcohol.... View More

James G. Ahlberg
James G. Ahlberg
answered on Dec 26, 2018

The best advice I can give you is to hire a lawyer to get as much of this done as you can. If you can't afford a lawyer, check out local legal aid programs.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: Is there a way to claim one of my kids through the Courthouse even while being on child support?

The main reason i ask is cause i have 2 kids from my Ex and every year she claims both of my kids and its not fair to me cause i do my half as a parent and i feel like she should claim one and i claim one...but she wont let me period. Is there a way this can be settled in court for me to get... View More

Ray Choudhry
Ray Choudhry
answered on Dec 22, 2018

Awarding exemptions is part of divorce and paternity proceedings.

A lot of factors are taken into account.

Income of the parties and the Parenting Plan are the most important.

File a Petition for Allocation of Exemptions.

2 Answers | Asked in Divorce, Family Law and Child Support for Illinois on
Q: I live in Illinois. Are school lunches part of paying half of all school expenses in a divorce

Divorce states...both shall split school expenses including any and all fees registration and school activities

J. Richard Kulerski
J. Richard Kulerski
answered on Dec 12, 2018

No. School lunches are included in child support.

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1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: When recieving child support, what does the provide the child? Such as food? Clothes?

I am 16 and my mother who recieves child support expects me to pay for clothes and food al of a sudden even though she gets paid child support every month.

James G. Ahlberg
James G. Ahlberg
answered on Dec 4, 2018

Child support can be used for almost anything. Car payments? Sure, you've got to get around. Gas or repairs for the car? Same thing. Rent or a mortgage payment? You've got to have a roof over your head. Food? Yes. Phone bills, water, heat for the house or apartment, garbage removal,... View More

1 Answer | Asked in Divorce, Child Custody and Child Support for Illinois on
Q: Can respondent allocate that petitioner must remain in the current city of residence for the interest of the children

My soon to be ex has put in the allocation judgement that I must stay in my current city of residence for the best interest of the children, even though I will not be able to afford to live in the city anymore if he reduces child support. I need to know if he can do this. Currently we have stated... View More

J. Richard Kulerski
J. Richard Kulerski
answered on Nov 16, 2018

You can move wherever you wish as long as you stay within the applicable mileage limit.

2 Answers | Asked in Divorce and Child Support for Illinois on
Q: What is laws in Illinois regarding minor(17) in college.Does child considered automatic emancipated once in college ?

Child living with custodian parent and commute for college. Asking for College contribution petition not filed yet.without seeing financial affidavit judge already order that child support contributions will considered towards father's college contribution. Is it fair ? What can be next step ?

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

Child support must be paid until the child reaches 18 or graduates from high school, whichever is last to occur. However, the court will likely take the new circumstance into account. It's up to the judge. How much is the obligor parent contributing to the college expenses? Is the child... View More

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1 Answer | Asked in Child Support and Estate Planning for Illinois on
Q: I have a life insurance policy on myself. The beneficiary owes child support.

In the event of my death, will the policy funds go to the child support that the beneficiary owes?

Ray Choudhry
Ray Choudhry
answered on Nov 5, 2018

The policy funds will go to the beneficiary.

The person owed back child support can get a court order to have these funds applied to the back child support.

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