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Illinois Child Support Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: When is a good time to file a motion of contempt?

My ex has primary authority on medical however they are not following the court order reading having discussions with me on medical procedures, notification of appointments or providing me access to the healthcare provider information.

I want to make sure I have enough supporting... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Mar 9, 2020

Your judgment may indicate how you are to communicate with your spouse which be via Family Wizard, email,etc. If so, communicate as is required by the judgment. If not, communicate in writing so that you can present written evidence in court as to the violation of your judgment.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: My ex get public assistance. Now she wants C.S. will i have to pay back child support although I've taken care them

I have bills I've paid, receipts, and statements that 70 percent of my check went towards living for all my family, my ex and two of my kids. Been together 23 years and she only worked 12 of them and I have notarized letters that I gave her child support every year until recently. I lost a job and... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Feb 28, 2020

If there is a child support order, you are responsible for that payment. You are entitled to visit with your children, but if former wife does not allow you to have parenting time with the children then you will need to petition the court for parenting time. If there is already an order for... Read more »

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: He was left a hefty inheritance so he quit working and now his children are doing without. Can he get by with this?

The father quit working and has been living off of an inheritance; buying large extravagant toys for himself, his girlfriend and their child, yet his other children have gone months without any child support and his ex wife has been fighting him for his court ordered health insurance for his... Read more »

Cynthia Rote
Cynthia Rote answered on Feb 26, 2020

The mother should go to Court and ask for an order modifying child support and a judgment on any past due child support. The Court may consider the inheritance in ordering a lump sum child support payment or other monthly payment (especially if the father is living off an interest from the... Read more »

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: Can she seriously do this?!

My husbands ex wife had custody of their daughter. We had her every summer and every other weekend and for a year while she was in high school....the entire time we were paying the mother (except during months the girl was with us) and getting receipts from her with no problems. Never needed to go... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Feb 25, 2020

Yes she can petition the court for child support arrearages. The child support order should been modified years ago due to the change in the custodial parent. As it was never modified, the child support plus interest is owed. The payor has to provide proof of the payments. So if the former spouse... Read more »

1 Answer | Asked in Child Support for Illinois on
Q: how do I get the child support payments lowered due to my income has decreased cause I switched jobs in ILL

I'll

Cynthia Rote
Cynthia Rote answered on Feb 21, 2020

You will have to file a Motion to Modify support alleging that a substantial change in your income has occurred. Courts do not believe that all decreases in income are a substantial change, so if your income only decreased by a small amount you may not be able to decrease your payments. In... Read more »

2 Answers | Asked in Child Support and Divorce for Illinois on
Q: Child support question

I got divorced in September of 2019 there was no previous court order that required my ex to true up for his secondary employment. I was told by my attorney that he only has to true up from the date of the divorce until the end of the year. Nothing about retro pay is mentioned in our MSA. MSA only... Read more »

James G. Ahlberg
James G. Ahlberg answered on Feb 4, 2020

Rather than being pro-rated it is likely to be based on income earned from the date of the divorce through December 31. Your best bet is to ask the lawyer who represented you in your case, since he or she will be familiar with the terms of your MSA and their interpretation.

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1 Answer | Asked in Divorce, Family Law and Child Support for Illinois on
Q: I paid my ex tru-up. She disagreed w amount & ripped the check up. She gave me a pic after. Do I have to pay her again?

She stated she disagreed with the amount. She wasn’t aware the tru-up starts day of filing divorce agreement. Check was significantly less than she expected. She threatened to and then the ripped check up. She gave me a pic to prove it.

J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Jan 25, 2020

Send her an email or a certified letter offering to go halves with her on an independent accountant or divorce lawyer to calculate the amount that the true-up requires. Otherwise, you don't have to do anything until she files a Petition to hold you in contempt of court. Then, you can show the photo... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Illinois on
Q: Is it possible to change my child’s last name to mine?

I would like to change my child’s last name to my last name. Their dad and I were never married, we don’t have any court order custody agreement, and he’s always been in and out of her life and not financially responsible. I was informed by him about 6 months ago that he has started the... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 23, 2020

It can be done through the courts, but you will be required to provide notice of the court proceeding to the child's father. Be prepared to show it is in the best interest of the child to change the name.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: If our child drops out of college and decides to enroll again prior to age 23 can I be held financially responsible?

Child wants to graduate high school early but I don't think they are mature enough yet. We don't have anything outlined in the parental plan for higher education however I am the primary decision maker with high school.

I'm curious if our child attends college after graduation and then... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 20, 2020

Frankly, the best answer I can give is not to fret about something so far away over which you have little or no control. This is the advice I'd give if you were a client.

1 Answer | Asked in Child Custody and Child Support for Illinois on
Q: If parental order was not followed prior to child attending College, am I financially responsible?

Our current order states that the three of us (mother, father and child) will work unilaterally regarding College. So far I've been kept in the dark and our child won't answer any of my questions regarding college. Our currently order only states that if the three of us cannot agree regarding... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 18, 2020

Ask your ex-spouse about college. Your child wasn't a party to the legal proceeding in which the order was entered, whereas your ex was. Your child can't be held in contempt for not obeying an order in a legal proceeding to which the child was not a party. Your ex is bound by the order since he or... Read more »

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: I'm 22 of age my grandma raised me and was the one getting my child support

Can I be the one getting it now I'm of age and live on my own and have lived on my own since I was 17

James G. Ahlberg
James G. Ahlberg answered on Jan 13, 2020

You legally became an adult on your 18th birthday. Child support normally stops on the child's 18th birthday or graduation from high school, whichever is later. There are exceptions if you're disabled or if your parent has been ordered to contribute to your higher education (college, etc.).

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: My Court Ordered Child Support had a termination end date on 11-20-19 upon my son's Birthday. This court order was

Written and signed by the custodial parent and stamped and signed by the Kane County Court on 1-12-07. My job finally stopped child support payments on 12-26-19 after realizing they were in violation of the court order termination date. The custodial parent wants to take me back to court to... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Jan 12, 2020

You should not have to pay any backpay but the other party can file a Petition for Contribution for College Expenses. This can be done only the child is going to college. If he is working and not going to college, he is emancipated and you will not have to pay any more child support for him.

1 Answer | Asked in Family Law and Child Support for Illinois on
Q: In 2015 I was hurt at the job and I was unable to work while recovering from a surgery. During that time I was getting

Paid Thru workman compensation of a check of 60% of my previous salary. I had a child support order for $210 a week but due to the fact that I was hurt and no longer getting paid from the job those payments stopped. I paid my Kids mom $110 a week since I was injured because I was only getting 60%... Read more »

Marilyn  Johnson
Marilyn Johnson answered on Jan 12, 2020

You cannot change the amount of child support owed without a court order modifying it. So even if your income was reduced, you still owe the child support per the court order. At the time of your injury, you should have petitioned the court to modify the child support order. The child's mother can... Read more »

1 Answer | Asked in Child Support, Family Law and Legal Malpractice for Illinois on
Q: Child support in Illinois: college student plus child with disabilities. My lawyer refused to do as I asked.

My ex and I originally compromised on our initial child support agreement. He offered a generous amount until the youngest of 4 kids was 18. I had always been stay at home mom. Because of his generosity (no calculations or % when it was still law), I did not seek maintenance. Then when oldest is... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 10, 2020

It is probably too late to seek maintenance, although you may have a very slim chance by arguing you and your ex were mistaken as to the facts involved when you made your choice. A judge can consider (and award) college expenses and can take into account the added expense of raising a disabled... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Illinois on
Q: State of Illinois, is it a conflict of interest to have my ex-wife be represented by her current boss?

My ex-wife is employed by a ligation and personal injury attorney in the state of Missouri. He represents her at no charge in the state of Illinois where our case has been initiated. Is it a conflict of interest for him to represent her?

James G. Ahlberg
James G. Ahlberg answered on Jan 2, 2020

If he was your boss it would be a conflict of interest. If he's her boss it is not.

1 Answer | Asked in Child Support and Divorce for Illinois on
Q: Father is in Puerto Rico, Mother is in IL - divorced. Father pays child support until the children are what age?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq. answered on Dec 31, 2019

18 or graduation from high school, whichever is last to occur - but not to exceed age 19.

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 Esq.
J. Richard Kulerski Esq. 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.... Read 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 will... Read 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 increments every 3... Read 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 lots... Read 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... Read 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 the title... Read more »

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