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Illinois Child Support Questions & Answers
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.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: The mother of my child is taking me to qourt for child support what can I do to get out of it I just got out of prison
Cheryl Powell
Cheryl Powell answered on Aug 9, 2020

Oftentimes, judges will order you to get a job, come back with a document you filled out showing that you applied at 20 places per month, etc. You have a child and you have a legal obligation to support that child. There are many companies who hire convcited felons.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: My child is 7 years old his father and I were never married and we separated for years ago due to him lying and cheating

I recently filed for cash assistance which of course now they're taking him to court for child support rumor has it he's going to fight me and try to get custody of our son what is the likeliness of him gaining custody. I have record of several times he did not show up for his weekends to... Read more »

Cheryl Powell
Cheryl Powell answered on Aug 4, 2020

The primary caretaker of the chil is usually awarded the most parenting time. He will get some parenting time if he requests it.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: 2 different versions of a Joint Parenting Agreement. One has the courts stamp on it with the date and case number,

and the other does not. How do I know which one is on file and approved by the court. Divorce was 5 years ago but now I'm looking at one version and my ex is looking at the other version. There are big differences between them.

James G. Ahlberg
James G. Ahlberg answered on Jul 30, 2020

If one copy is stamped "Filed" by the appropriate Circuit Court Clerk, it's a pretty safe bet it's the one that is in force (unless there has been a modified one filed later). The unstamped copy is probably a rough draft copy exchanged between the attorneys when they were trying... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Illinois on
Q: if a 40 year old man impregnated a 13 year old and she gave birth to that baby and no one else knows what would happen?

The man (40) is the child’s (13) mother’s boyfriend (my father)

Cheryl Powell
Cheryl Powell answered on Jul 30, 2020

No one else knows??? The baby will be born in a hospital. Everyone will know. It will be questioned. The mother is probably on a medicaid card.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: My daughters mother will not let me see my child unless I pay her. We have no court order and she wouldn’t let me sign

The birth certificate. Does she have a right to keep my child away from me? She won’t even let me speak to her on the phone. I don’t have a lot of money. What’s my best course of action, for getting custody/visitation, and getting my name on the birth certificate. I live in Will County, Illinois.

Cheryl Powell
Cheryl Powell answered on Jul 28, 2020

You need to file a parentage action in Will County. First you have to establish that you are the father, before you have any right to custody or visitation, now called parenting rights and responsibilities. So yes, until you are established, she has the right to keep your child away from you.... Read more »

1 Answer | Asked in Child Support for Illinois on
Q: Can you receive child support if the parent is not working?
Cheryl Powell
Cheryl Powell answered on Jul 25, 2020

Maybe $40/month and a court order to look for work.

1 Answer | Asked in Child Support for Illinois on
Q: I’m a legal guardian to my 12 year old niece can I file child support on her parents? And if I have no address or phone#

No address or # for the parents

Cheryl Powell
Cheryl Powell answered on Jul 25, 2020

Yes, you can, but you need to find them first and know that they are working. If you cannot prove that they are working, you are wasting your time and money. A pi can help you find them.

1 Answer | Asked in Child Support for Illinois on
Q: How can I get the child support that I paid to my ex back since I have had kids FT since she went into Nursing Home?

My ex went into Hospital end of December 2019. I have been paying child support this whole time due to our court case being pushed back due to COVID. The last court case we had the judge stopped the child support order, however, didn't "order" the POA to give the child support back... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 25, 2020

If a judge in family court has denied your child support related request, you cannot then take it to small claims court and get a second bite at the apple.

1 Answer | Asked in Child Support for Illinois on
Q: Can I co-sign house in Florida if I pay child support and arrears in Chicago

I have a child support case in Chicago but live in Florida. I am current but have arrears I am paying Also monthly. Can I co-sign on a mortgage loan in Florida. without getting lien on the house

Cheryl Powell
Cheryl Powell answered on Jul 25, 2020

Can you? Maybe. Should you? No. Why would youj want to co sign on a house that does not legally belong to you and in which you have no right and no legal recourse if you end up being the person making the payments?

1 Answer | Asked in Child Support and Family Law for Illinois on
Q: Do my husband have to pay back pay even after paying child support since divorce.

If my husband has been paying child support for both his kids since he divorced his ex wife and has never missed a payment and also sent extra money when needed, mind you this is just a set amount they both agreed on. Now since he married me she’s trying to get back child support from when they... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 25, 2020

I am not sure what he has paid vs. What he should have paid vs. What the court order says. If there is already a court order and she wants some child support from prior to the entry of that court order, i am not sure she can do that. The better course is to bring all of your papers to a family... Read more »

3 Answers | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: Can my income (I'm the stepmom) cause my husbands child support to increase? Can we file for every other weekend ?

My husband pays his child support in time and doesn't own any back pay. But the children's mother demands more money from him, since we just got married last year. We have a 5 month old baby together and he has 4 kids with his ex (they were never married). But now he has another... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 25, 2020

Yes, a spouse's income is related to the standard of living that the child would have enjoyed had the marriage remained intact. The father has more money to contribute. More money is available to him, he can have nicer things because he married and has a 2 income family.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: I need to find a pro bono attorney for a grandmother/grandson custody issue in Iroquois Co. IL.

My grandson has been with me for 16 years, (that is his age as well). His father is out of the picture. His birth mother, in another county has began seeing him more over this summer. She now wants him to live there. She has not given one dime in child support, or done anything to help with him in... Read more »

Cheryl Powell
Cheryl Powell answered on Jul 21, 2020

Contact Prairie State Legal Services and see if they are willing to help you.

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