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Illinois Child Support Questions & Answers
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 Esq.
J. Richard Kulerski Esq. 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... Read 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 Esq.
J. Richard Kulerski Esq. 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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...
Read more »

2 Answers | Asked in Divorce, Family Law and Child Support for Illinois on
Q: Will my ex changing attorneys slow down a divorce agreement modification petition?

Illinois. 3 year old divorce agreement, seeking modification due to extreme change in circumstances, (massive income loss due to Covid19). My ex is going to hire a "more aggressive attorney". I currently pay her several hundred dollars a month MORE than what my income is.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Sep 14, 2020

The court has the discretion to make your new support obligation retroactive to the date that you filed your Petition to Modify. If the court does so, then any time lost because of a new attorney would not be an issue.

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1 Answer | Asked in Child Support for Illinois on
Q: Can two states take out child support for the same child?

Child was born in Illinois. Both parents lived in illinois and child support order was established in illinois. Custodial parent moved to Mississippi and opened up another case for the same child. Mississippi issued an order of withholding at the same time Illinois was also collecting. Now the... Read more »

Cheryl Powell
Cheryl Powell answered on Sep 9, 2020

Can they? Yes. Should they? No. You need to have a lawyer in Mississippi dismiss the case there. If your child support amount in Illinois needs to be revisited, you need to do that here.

1 Answer | Asked in Divorce and Child Support for Illinois on
Q: Lost my job and hearing isn't for a month, can I reduce support for my ex and daughters by filing letter with the court

I was laid off due to Corona virus and hearing is a month away. Can I submit a letter to the court proving my job loss and reduce support while I wait for hearing? I'm also ordered to cover insurance. How quickly do I need to provide new coverage?

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Aug 30, 2020

The fact that you have a Hearing scheduled indicates that you filed a Petition/Motion to Modify. The Court, in its discretion, can retroactively relieve you of your support obligation dating back to the date that you filed the Petition/Motion.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: Mother moves child to another state without my permission and a court order

What do I do if my child's mother takes my child to move to another state without my permission and a court order and I’m paying child support?

Cheryl Powell
Cheryl Powell answered on Aug 28, 2020

You will need to hire a lawyer to have her brought back to court. Hopefully, you know where she is to have her served.

1 Answer | Asked in Child Support and Domestic Violence for Illinois on
Q: I am a non custodial parent that is trying to get a court modification for child support and custody. Needing help.

Custodial parent and children live in kankakee

Juan Ooink
Juan Ooink answered on Aug 28, 2020

You need to hire a Family Law Attorney to assist you with this matter. The sooner you hire an attorney, the better.

1 Answer | Asked in Child Support for Illinois on
Q: Im a 62 yr. old male. Who can help me with a 35 yr. old child support garnishment that threatens 60% of my SSI?
Cheryl Powell
Cheryl Powell answered on Aug 26, 2020

Call legal services in your area.

1 Answer | Asked in Divorce and Child Support for Illinois on
Q: My daughter has a hearing disability and ADD. She turned 18 in sept 2018, and graduated high school in child support

Continued but now is mentioning overpayment for her paid back. She is in community college, will he be granted me to pay the overpayment si CE she has a handicap and is in college currently still living at home with me, not sure if she can be on her own.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Aug 13, 2020

The answer to your question lies entirely on the extent of the child's disability, which you have not adequately described. I suggest you at least get a medical opinion. You should know that you have the right to petition the court to get your ex to contribute to your child's living... Read more »

1 Answer | Asked in Family Law, Child Support and Civil Litigation for Illinois on
Q: I am legally separated. My husband's ex-wife wants me to contribute to their child's college tuition.

My husband and I have been legally separated for 9 months, we do not have children together. He has a child from a previous marriage and the mother of the child wants me to contribute to paying for the child's post-secondary education.

Can the mother make\request the court to do that?... Read more »

George W. Svoboda
George W. Svoboda answered on Aug 10, 2020

You state that you can't afford an attorney, but you are being asked to contribute to a college fund. You are going to need to pay somebody. It's probably less expensive in the long run to hire the attorney. Seek out a free consultation and ask for a cost estimate.

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