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Illinois Child Support Questions & Answers
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, 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: 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... Read more »

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

Get a child support/custody order.

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: What is the time frame for this whole process? I haven't gotten a date for a hearing. It's been well over 30 days.

I filed a petition with the court to relocate but I haven't gotten a date for a hearing. I feel as though I'm being held hostage by the state of Illinois. If he's not complying to the parenting plan (he doesn't see them, call them or pay child support) why do my boys and I have to remain where we... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 19, 2019

Did you present your motion to the court?

The court should have entered an order setting the tentative schedule.

The court doesn't give you a first court date without you asking for it.

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Ex quit job (again) prior to a custody\child support trial.

Each time there is a child support hearing my ex quits their job. Prior to 2017, this action has allowed them to obtain more child support. In 2017, they were deemed voluntarily underemployed. Due to other circumstances the children now reside with me on a temporary order and I've motioned to... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Aug 6, 2019

If your former spouse voluntarily quit his or her job, the court can impute income to him or her. If you are providing the children with a loving and stable home, the court may not want to remove the children from it. The court encourages stability of environment for the children.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: Can a mother take her child (2 1/2) from the custodial father just to get child support when he’s had her for a year?

The mother of the child has often threatened to take their daughter, and has done so for short periods, when she is angry with the father. The father lives with his parents, and his mother babysits when he’s working. The mother is agreeable with this situation. The mother rarely takes their... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 2, 2019

Yes, she can, unless there is a court order.

The father could file a custody case and file a motion to maintain the status quo. If the motion is granted there will be a court order establishing the current schedule and saying that mother cannot do whatever she wants.

1 Answer | Asked in Child Support, Divorce and Military Law for Illinois on
Q: What can i do about my outrageous child support amount? i left the military and i tried to change the amount.

The case was originated in hawaii. I was discharged from the military back in june of last year. My child support was calculated off of my income, in which i am no longer making near the amount. I literally cannot pay my bills. I sent in a modification request, although now im receiving threats... Read more »

Robert B. Buchanan
Robert B. Buchanan answered on Aug 2, 2019

It sounds likes you need a lawyer in Hawaii to file a motion to modify child support based on your change in income.

2 Answers | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: my sister is 17, her parents have joint custody. Her mom won’t let her move to ny with her dad. Can she just leave?

Her mom is verbally and mentally abusive. I am her 20 year old sister and I am willing to take her to NY. The parents have joint custody so can her mom stop her from going to him? I thought that after a certain age a child can choose where they want to live? Well, her mother doesn’t even give her... Read more »

James G. Ahlberg
James G. Ahlberg answered on Aug 1, 2019

The age at which a child can determine where they live is when they become an adult under the law, namely his or her 18th birthday.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: What is an in-camera judge appearance like to a child?

My child is scheduled for an in-camera meeting with the judge regarding primary residency during the school year. My child is 12 and is nervous about the other parent badgering them about what is discussed. I want to be able to reassure my child.

Thanks

Marilyn  Johnson
Marilyn Johnson answered on Jul 27, 2019

An in-camera meeting with the judge is usually not recommended because it can cause much stress for the child. The court usually tries to avoid it and will quite often appoint a guardian ad litem or a child's representative that can act as the eyes and ears for the court. In your case, however, the... Read more »

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1 Answer | Asked in Child Support for Illinois on
Q: what does it mean when a child support case says off call

this case has been going on since 2003 child support

Robert B. Buchanan
Robert B. Buchanan answered on Jul 17, 2019

That there are no motions or petitions that the court needs to decide.

If you want the judge to decide an issue you need to file a motion or petition.

1 Answer | Asked in Child Support and Family Law for Illinois on
Q: I have been getting the same amount of child support for 15 years.

My child’s father recently took me to court for more parenting time. I asked for more money for extra-curricular activities and other school fees. Now he wants to settle by paying a little extra child support. Can I asked for back child support? And what about college? He and his lawyer is trying... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Jul 15, 2019

You should file a Petition to Modify Child Support. The court will only consider child support retroactive to the day of filing that petition so do it immediately. In addition to the child support, he will be responsible for a contribution to your child's extracurricular activity expenses and... Read more »

2 Answers | Asked in Child Support and Family Law for Illinois on
Q: Can the state force you to partake in child support. When both parents had agreed on voluntary child support agreement.

My husband never missed a month of voluntary child support in the past 5 years and the DHS is trying to force the father (my husband) into getting it court ordered. Refusing us services even though we are low income. We are friends with the mother and share the kids equally. We even help her... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jul 12, 2019

Yes, they can.

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Child Support for Illinois on
Q: mother being charged first time with child endangerment. DCFS pulled child from home. What's the sentencing typically?

She has had multiple instances with DCFS. DCFS pulled the child from her home is now living with dad out of state. Mom and boyfriend were found under the influence of heroine and alcohol. Will she typically go to jail, only be slapped with a fine? How do we make sure the child isn't forced to go... Read more »

Ray Choudhry
Ray Choudhry answered on Jun 21, 2019

DCFS doesn't do criminal.

The father needs to go to court to get the parenting plan changed to give him primary care.

If he has child, he can go to court to stop child support.

2 Answers | Asked in Child Custody and Child Support for Illinois on
Q: How csn you get child support and back child support waived
James G. Ahlberg
James G. Ahlberg answered on Jun 21, 2019

You typically can't, unless you can prove you're not a parent of the child (either biological or adoptive).

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1 Answer | Asked in Child Support for Illinois on
Q: I live in Illinois does the new income share model take into account other children from a different relationship?

The other children do not have a court order support order. Are they taking into account with the new child support income support model? The HFS calculator shows it does but when I’m filling out the financial affidavit it does not ask if there are other children without a court order child... Read more »

Ray Choudhry
Ray Choudhry answered on Jun 8, 2019

The calculator for child support and the Financial Affidavit are for different purposes.

The Financial Affidavit is not only to see income and expenses but also to determine division of assets and liabilities.

1 Answer | Asked in Child Support for Illinois on
Q: Can the custodial parent of a child file for back child support of a now 26 year old even though they never filed before

My biological father is apparently paying child support for another child he is responsible for. I was just wondering if there was any way to make him take the responsibility he should have taken a long time ago by paying child support for me. He knew I existed, he’s listed as the father on my... Read more »

Ray Choudhry
Ray Choudhry answered on May 24, 2019

Usual rule is child support starts from the filing of the paternity case or when the other parent is served with the summons.

Child support ends at age 18 or finishing high school but no later than age 19.

1 Answer | Asked in Child Support for Illinois on
Q: Child is in HS and custodial parent still doesn't work. Paying $1700/month. Can court force her to work and contribute?

Illinois. Divorced 15 years ago and paid 3 years of alimony so that the ex could go back to college. She had only completed college through her junior year. She took the money but didn't go back to college. The last of our 3 children will be turning 18 next year and ex has been living off child... Read more »

Ray Choudhry
Ray Choudhry answered on May 24, 2019

The court can impute income to a non-working parent.

Every case is different.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: My ex is court ordered to pay child support and we are both court ordered to pay half of daycare each. He has not been

paying support and got very behind. He would send random money orders with random amounts and hand write “daycare” on some of them. Since he was behind on support I disregarded his handwritten note and used it as child support.

Child support services finally recently got ahold of him... Read more »

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on May 9, 2019

Your day care provider has no standing to take him to court. Only you can do this. What he scribbled on the checks is meaningless. The likelihood is that the judge will rule in your favor. Judges don't like wiseguys.

1 Answer | Asked in Child Support for Illinois on
Q: What if I have 144 overnights in odd years and 148 in even years? How is child support calculated?
Ray Choudhry
Ray Choudhry answered on May 5, 2019

You could figure out child support using each number and average the two.

Use the child support estimator: https://midamericalawoffice.com/illinois-child-support-estimator/

1 Answer | Asked in Child Support for Illinois on
Q: How can I get the SS to stop payment for child support being taken out. the child is over 18 years old

I have court paper from the Judge stating that it was suppose to have stop once the child turned 18. But they are still taking the money out

Ray Choudhry
Ray Choudhry answered on Apr 15, 2019

Somebody sent an order to Social Security to start taking it out.

They have to notify them to stop.

The paper you have may or may not be enough.

You may need a court order to stop it.

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